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:
Appeal from verdict of judgment for possession after non-jury trial; failure to defend at trial or file post-trial motions; failure to allege court errors in Rule 1925 statement; waiver of appeal issues
(Stryker020124C)
(Posted: February 1st 2024)
Stidfole vs. Nahra, Mills, Huggler, Hill, Geisinger Mecial Center, Geisinger Clinic, UPMC Williamsport, UPMC Susquehanna, Susquehanna Physician Services and Bucktail Medical Center
1.23.2024
William P. Carlucci
Civil:
Preliminary objections; punitive damages; sufficiency of allegations of wanton conduct, by knowingly or recklessly disregarding a known risk; claim for negligent infliction of emotional distress; personal perception of a discrete and identifiable traumatic event
(STIDFOLE012524c)
(Posted: January 29th 2024)
Criminal:
Motion to dismiss under rule 600; cause of the delay; valid claim at the time motion is filed
(Giddings011923bt)
(Posted: January 21st 2024)
Criminal:
Post conviction relief act petition; ineffective counsel; conflict of interest claim; prejudice; issues previously litigated; claim that court committed felony; claimed insufficient notice of appeal rights, where timely appeal was taken; non-specific claim of bad faith prosecution where there was a conviction that was affirmed on appeal; sufficiency of notice of filing of Finley/Turner letter by appointed counsel
(Norby-Vardac011724bt)
(Posted: January 18th 2024)
Petition of Lycoming Board of Elections to Alter the Boundries of Adjoining Election Districts in Lycoming County, Pennsylvania
1.16.2024
Nancy L. Butts
Civil:
Consolidation of Muncy voting districts; compliance with ADA requirements; sufficiency of contents of notice of hearing and of posting locations; sufficiency of evidence to support consolidation
(BoardofElections011624bt)
(Posted: January 18th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration, inconstant housing, existence of bond between child and parents; best interest of the child
(AdoptionCG010424t)
(Posted: January 12th 2024)
Criminal:
Appeal; sufficiency of evidence to support conviction for aggravated assault where defendant shot at a home that he knew was occupied by troopers; sentencing discretion; factors considered in sentencing; mandatory sentences
(Ross010924bt)
(Posted: January 12th 2024)
Criminal:
Appeal; waiver of argument on sufficiency of evidence for conviction where issue is raised in boilerplate manner; evidence necessary to convict for offense of rape of a mentally disabled person and aggravated indecent assault; sentencing discretion; consideration of sentencing factors
(Leonard011024bt)
(Posted: January 12th 2024)
Criminal:
Suppression motion; sufficiency of facts to establish probable cause for issuance of search warrants; habeas corpus petition; sufficiency of evidence of specific intent to kill where defendant shot at victim 4 times
(Cradle010424bt)
(Posted: January 9th 2024)
Criminal:
Suppression motion; custodial interrogation; voluntariness of statements; warrantless entry into apartment where consent given; reasonable expectation of privacy of inmate in using telephone; disclosure of promises to witnesses and of witnesses' bad acts; habeas corpus petition; sufficiency of evidence of endangering welfare of child where defendant used fentanyl in apartment she shared with child; disclosure of Children & Youth records; disclosure of expert testimony
(Charlebois010324t)
(Posted: January 9th 2024)
Civil:
Motion for judgment on the pleadings; underinsured motorist insurance coverage; availability of stacked coverage under insurance contract; principles of contract interpretation; mere mention of a person in an insurance policy as causing him to become a "named insured" under the policy; policy ambiguity by use of a virgule; using reasonable expectations of insured to override unambiguous language of the policy; applicability of insured's election of lower benefits to third party beneficiaries
(harting010824Li)
(Posted: January 9th 2024)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel for failure to challenge use of peremptory challenges in jury selection, where there were no African-Americans who appeared for jury selection; prejudice in co-defendant's representation by business partner of trial counsel; prejudice in the timing of the giving of the "corrupt and polluted source" relating to co-defendant's testimony; issues previously litigated in Superior Court
(Rawls010524bt)
(Posted: January 9th 2024)
Criminal:
Post-sentence motion; admissibility of video at trial of defendant packaging marijuana; probative value outweighing prejudice; authentication of video where parole agent identified defendant in video; suppression motion; reasonableness of delay in conducting search based on 3 day old information; staleness
(ellman122923Br.)
(Posted: January 3rd 2024)
Criminal:
Suppression motion; knowing, voluntary and intelligent waiver of Miranda rights; Wiretap Act violation; reasonable expectation of privacy in a room in a police station; motion to dismiss due to 9 year delay in filing charges; proof of actual prejudice; disclosure of Children & Youth exculpatory records; motion to prevent complainants from being referred to as "victim" during trial; disclosure of evidence of other crimes, wrongs or acts or of witnesses being offered immunity, favorable consideration, leniency, or favorable treatment; habeas corpus petition; sufficiency of evidence of crimes of corruption of minors or indecent assault where there are issues of credibility
(Lakes122823t)
(Posted: January 2nd 2024)
Administrative Appeal:
Appeal of denial of variance; scope of review; support in the record for findings of fact; combination of unique physical circumstances and conditions creating a "perfect storm" of hardship; abuse of discretion in not considering facts of record; decision based on legal conclusions and not proper factual findings;
(LGN122923C)
(Posted: January 2nd 2024)
Support; custody:
Motion for special relief; claim that provision of custody agreement violates public policy; enforceability of voluntary agreement made without fraud or coercion; severability
(smith121223Li)
(Posted: December 27th 2023)
Redos as Administrator of the estate of Lovett vs. UPMC Susquehanna, et al.
12.18.2023
William P. Carlucci
Civil:
Summary judgment motion; Mental Health Procedures Act immunity; factual issues as to occurrence of willful misconduct or gross negligence; dueling expert reports
(Lovett121823C)
(Posted: December 19th 2023)
Civil:
Summary judgment motion; necessity of expert opinion in claim of negligent design of roadway; jury question of negligent maintenance of a roadway; factual dispute as to notice by municipality of defect in roadway
(Grace121123C)
(Posted: December 13th 2023)
Criminal:
Post conviction relief act petition; waiver of issue withdrawn after filing first post conviction petition; knowing, intelligent, and voluntary guilty plea where guilt was admitted in guilty plea colloquy; guilty plea as waiver of defects and defenses
(Sanders113023bt)
(Posted: December 12th 2023)
Criminal:
Post conviction relief act petition; claim of ineffective counsel due to failure to discuss right to jury trial and ramifications of waiver; sufficiency of allegations of prejudice; direction to amend petition
(Moser113023bt)
(Posted: December 12th 2023)
Criminal:
Post conviction relief act petition; right to counsel for second post conviction petition; timeliness of petition; issues previously litigated or waived; merger of offenses for sentencing purposes where shootings involved multiple victims
(Spencer120123bt)
(Posted: December 12th 2023)
Civil:
Petition for restoration of firearms rights and expungement of
involuntary commitment records; determination of whether person posed a clear and present danger of harm to others or to himself; examining physician's findings supported by preponderance of the evidence; pure question of law
(MH112723Li)
(Posted: November 27th 2023)
Criminal:
Suppression motion; probable cause for search warrant; consideration limited to information within the four corners of the affidavit of probable cause; evidence viewed in a common-sense, nontechnical manner through the eyes of a trained law enforcement officer; sufficiency of factual allegations to support search for indicia of occupancy a residence
(Jeffries112223bt)
(Posted: November 27th 2023)
Criminal:
Habeas corpus motion; statute of limitations defense; exception under minor tolling statute; sufficiency of allegations in the affidavit of probable cause to establish minority of victim; adequacy of notice of intent to assert the exception to the statute of limitations; sufficiency of evidence of unlawful contact with minor where there was no evidence of communication; sufficiency of evidence of indecent assault and corruption of minors where father allegedly touching his daughter's groin area and continually kissed her neck
(dyer112623br)
(Posted: November 21st 2023)
Criminal:
Appeal of court's finding that defendant is a sexually violent predator; consideration of 14 factors by expert witness; burden of proof
(guthrie111723t)
(Posted: November 21st 2023)
Criminal:
Motion to dismiss under rule 600; calculations of case pending time; COVID delays; Commonwealth's burden to prove due diligence to bring case to trial; excusable delay; boilerplate claim of Pennsylvania constitution speedy trial violation; lack of prejudice
(Tyson112023bt)
(Posted: November 21st 2023)
Criminal:
Motion to amend criminal information to add charges withdrawn or dismissed at preliminary hearing at time of jury selection; prejudice to defendant because request has not allowed for ample notice and preparation
(Blunt110623bt)
(Posted: November 21st 2023)
Civil:
Summary judgment motion; contractual duty of landlord to provide quiet enjoyment to tenant in case where landlord has no reason to know of a defect in property, that may have caused fire; proof of interference with possession; negligence claim where landlord lacks notice of electrical defect; need for expert testimony where cause of fire cannot be determined by a layperson; factual dispute on duty to return security deposit
(washington112023Li)
(Posted: November 21st 2023)
Administrative Appeal:
Petition to overturn tax upset sale; failure to follow notice requirements; burden of proof
(lampley103123L)
(Posted: November 16th 2023)
Administrative Appeal:
Petition to set aside upset tax sale; credibility determinations concerning notice of sale; burden of proving notice
(Garlick111523C)
(Posted: November 16th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish that defendant was operating a motor vehicle, or was in
actual physical control of the movement of a motor vehicle while under the influence of alcohol; good cause for violating 2-hour rule for chemical testing
(Fuller110823t)
(Posted: November 14th 2023)
Criminal:
Suppression motion; claimed Miranda violation; custodial interrogation; voluntariness of statements; impact of Asperger's diagnosis on voluntariness; totality of circumstances
(Buckman103023bt.pdf)
(Posted: November 6th 2023)
Criminal:
Habeas corpus petition; sufficiency of the evidence of an assault where victim does not testify at preliminary hearing; hearsay exception for excited utterance made by visibly distressed and bleeding victim's statements to police officer; prima facie evidence of resisting arrest charge where defendant pulled away and tensed up before handcuffing
(Middleton103023bt)
(Posted: November 6th 2023)
Civil:
Preliminary objections; credit card case; sufficiency of allegations of credit card agreement and breach of contract
(adams110323L)
(Posted: November 6th 2023)
Criminal:
Post conviction relief act petition; presumption of effectiveness of counsel; ability of counsel to present defense where experts precluded from testifying beyond scope of report; lack of prejudice; credibility of defendant; counsel's conflict of interest by having previously represented now dead victim; waiver
(williams092823br)
(Posted: October 16th 2023)
Motorists Mutual Insurance Company vs. Barnes vs. Shannob, Steve Shannon Tire Company, Inc., Schultz, Hufnagle, UGI Utilities, Inc., & PENRAC, LLC
10.13.2023
Eric R. Linhardt
Civil:
Summary judgment motion; declaratory judgment action to determine insurance coverage; permissive user; contract interpretation; authority of permissive user to grant authority to another to use a vehicle; implied permission
(Motorists101323L)
(Posted: October 14th 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; duty of parent to maintain a place of importance in a child's life; existence of bond
(AdoptionTJCH100323t)
(Posted: October 10th 2023)
Criminal:
Omnibus pretrial motion; suppression of recorded prison calls; reasonable expectation of privacy where notice of recording is given; habeas corpus petition or to remand for new preliminary hearing; precluding reference to complainant as "victim"; reasonable time for providing advance notice of intent to introduce other crimes, wrongs, or acts evidence; time for providing names and addresses of and substance of all persons who have been offered immunity, favorable consideration, leniency, or favorable treatment; timely notice of potential expert testimony; compelling production of records of Children's Advocacy Center and Children and Youth Services agencies; child testimony unduly influenced by techniques employed by interviewers
(Swales100423t)
(Posted: October 7th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence
(Swales100423t2)
(Posted: October 7th 2023)
Civil:
Preliminary objections; raising affirmative defense of statute of limitations by preliminary objection; certainty of lack of right to recover on contract claim warranting grant of demurrer; right of plaintiff to plead inconsistent claims in the alternative; failure to name necessary party; right to recover attorney's fees
(Aviation100523C)
(Posted: October 7th 2023)
Criminal:
Post-conviction relief act petition; subject matter jurisdiction of court to hear criminal cases; knowing, intelligent, and voluntary guilty plea; waiver of suppression issue by guilty plea
(Newman092823bt)
(Posted: October 2nd 2023)
Criminal:
Post -sentence motion; verdict against weight of evidence; criminal trespass charge where initial consent to presence was revoked; sufficiency of the evidence; regrading mischief offense due to withdrawal of claim for restitution which established value of claimed damage
(Sabins092523t)
(Posted: September 27th 2023)
Criminal:
Petition for early release from special probation supervision; probationer who has successfully completed post incarceration treatment and has had no violations; sexual and drug offense case with unusual circumstances involving a manipulative co-defendant.
(Barto092623bt)
(Posted: September 27th 2023)
Civil:
Summary judgment motion; survival of judgment lien in a tax upset sale; res judicata; privity of parties; record in summary judgment proceeding
(Mayer092123Li)
(Posted: September 26th 2023)
Fidelity National Title Insurance Company and Aldi, Inc. vs. DMS Realty, Inc., Shirn and Leidhecker Abstracting, Inc.
9.20.2023
William P. Carlucci
Civil:
Preliminary objections; need to attach agreement of sale where claims are not based on breach of agreement; alternative pleading of legal and equitable claims; viability of Uniform Voidable Transactions Act claims where allegations of complaint fail to meet the language of that Act; asserting defenses by way of preliminary objection
(Fidelity092023C)
(Posted: September 20th 2023)
Civil:
Motion for post-trial relief; allegations of errors in findings of fact and conclusions of law; clarification of factual findings; authority of trial court in non-jury trial; burden of proof; credibility determinations; failure to prove causation and damages; application of negligence per se doctrine where regulations did not clearly apply to township at time of claimed violation; weight of evidence; recovery for negligence, gross negligence and willful misconduct where causation hasn't been proven; proof of causation to recover for public nuisance; proof that township exceeded stormwater easement; entitlement to injunction where causation not demonstrated; discretion of court in conduct of trial
(lenhart091823Li)
(Posted: September 19th 2023)
Early Bird Car Wash, Inc., Mr. Bird's Custom Car Wash Equipment, LLC and Early vs. Piermattei and Rhodes & Sinon, LLP
9.18.2023
Eric R. Linhardt
Civil:
Discovery motions; sufficiency of answers and objections to requests for admissions; requests to admit matters established in depositions; sufficiency of responses of :unknown" and referring to file, where file is its client file; objecting without stating the reason; adequacy of response to request for employee records that refers to dissolution of the firm; privileged nature of communications between attorney and insurance carrier; adequacy of answers to requests to admit application of fact to law; requests to admit conclusions of law; discoverability of identity of corporate decision makers; request to account for missing documents; over broad requests; authority of witness's counsel to object and instruct witness not to answer deposition questions; prejudice by obdurate and unnecessarily acrimonious conduct of counsel during deposition; need for repeat deposition with restrictions of objections and imposition of costs; obligation to produce electronic records responsive to discovery requests; disqualification of counsel
(early-bird091823Li)
(Posted: September 19th 2023)
Laurel Hill Game and Forestry Club vs. International Development Corporation, et. al., vs. Range Resources-Appalachia, LLC and Williamson Trail Resources, L.P.
9.18.2023
Eric R. Linhardt
Civil:
Preliminary objections; law of the case doctrine where order relied upon in demurrer is interlocutory; viability of claim against Lycoming County by a party which has no claim for subsurface rights; preliminary objections raising affirmative defenses; necessary parties
(Laurel091823Li)
(Posted: September 18th 2023)
Criminal:
Commonwealth appeal of grant of suppression motion; sufficiency of evidence of defendant's expectation of privacy; boilerplate assertion that evidence for suppression was insufficient; waiver; probable cause to stop vehicle for traffic violation; probable cause to search glove box; lack of efforts to apply for warrant before search, even though police had control of the scene
(Williams091523bt)
(Posted: September 18th 2023)
Criminal:
Nunc pro tunk post sentence motion; sentencing discretion of court; specific, negotiated sentence in plea agreement
(Hall091223bt)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; sentence concluded; facts on which plea based adequately explained at the plea hearing
(Jones091223bt)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; statutory exceptions to time limitations; viability of governmental interference, newly discovered evidence and newly-recognized constitutional right exceptions claims
(Nottingham091323bt2)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; statutory exceptions to time limitations; viability of governmental interference, newly discovered evidence and newly-recognized constitutional right exceptions claims
(Nottingham091323bt)
(Posted: September 16th 2023)
Criminal:
Appeal; motion in limine precluding defendant from stating names of sexual assault charges filed against the victim, as a result of which alleged crimes of defendant were revealed; discretion of trial court to allow cross-examination about pending criminal charges; prejudicial nature of names of pending charges; evidence of bias; cautionary instruction
(Pulizzi083123bt)
(Posted: September 5th 2023)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; discussions at the plea hearing and awareness of defendant of the terms of the plea
(Hoffman082423bt)
(Posted: August 29th 2023)
Criminal:
Post sentence motion; sentencing discretion; claim of excessive sentence; weighing of positive and negative factors; payment of restitution to elderly victims for crimes committed while on bail for previous offenses; attempting to avoid incarceration by paying restitution, while continuing to commit crimes; defendant minimizing offenses and impact on victims
(Bloom081623bt)
(Posted: August 22nd 2023)
Criminal:
Motions in limine; testimony of past sexual conduct; Pennsylvania Rape Shield Law; defendant's constitutional right to a fair trial; sufficiency of offer of proof; testimony of SANE nurse about statements of victim; hearsay exception for statements pertaining to medical treatment; statements to medical providers made solely for the purpose of trial; corroboration of victim's testimony
(Poust080923t.pdf)
(Posted: August 11th 2023)
Stopper, Lovecchio and Land Co., LLC vs. Williamsport Municipal Water Authority and Williamsport Sanitary Authority
8.9.2023
William P. Carlucci
Civil:
Preliminary objections to complaint questioning authority of authorities to assess storm water fee; failure to include municipalities which are permit holders as necessary parties; standing by non-property owner; specificity of allegations in complaint as to property ownership; demurrer; defenses on the merits; standing to challenge storm water fee where fee has not been paid; waiver of issues by paying fee under protest
(stopper080923C)
(Posted: August 9th 2023)
Criminal:
Recusal motion; disqualification due to involvement in approving warrants; burden to produce evidence establishing bias, prejudice or unfairness which raises a substantial doubt as to jurist's ability to preside impartially; judge reviewing own decision
(Truax08423bt)
(Posted: August 5th 2023)
Criminal:
Habeas corpus petition; prima facie case of theft; sufficiency of evidence of attempts to steal used cooking oil; identification of defendant
(Sanchez072123t.pdf)
(Posted: July 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of theft; sufficiency of evidence of attempts to steal used cooking oil; identification of defendant
(Hernandez072123t)
(Posted: July 26th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration, inconstant housing, inconstant employment; existence of bond between child and parents; termination despite bond, where child's best interests are served
(AdoptionJM072123t)
(Posted: July 26th 2023)
Civil:
Preliminary objections; specificity of allegations of negligence; general allegations of negligence; viability of punitive damage claim in dog bite case; demonstration of conduct showing reckless indifference to interests of others; opportunity to amend complaint
(Jennings072623C.pdf)
(Posted: July 26th 2023)
Civil:
Plaintiff's summary judgment motion; dog law violation; negligence as a matter of law; question of proximate cause of injury
(Goodell072623C)
(Posted: July 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of possession of drugs; constructive possession; equal access to illegal contraband; totality of the circumstances; circumstantial evidence; defendant not present at place where contraband found
(Williams071323bt)
(Posted: July 18th 2023)
Administrative Appeal:
Right to know appeal; request for county articles of incorporation where county is not an incorporated entity but rather is established by statute; purpose of Right to Know statute; citation to repealed Municipality Authorities Act of 1945; applicability of statute to municipal authority and not a county; submission of attestation as to lack of records; diligent search
(Reira071323Li)
(Posted: July 17th 2023)
Criminal:
Post conviction relief act petition; presumption of effective assistance of counsel; strategy and tactics with some reasonable basis designed to effectuate defendant's interests; failure to call witness; knowledge of trial counsel of existence of witness; likelihood that proposed witness would have testimony as the testimony would have implicated witness in crime; helpfulness of proposed testimony; timeliness of petition; issue previously raised on appeal
(Crippen071323bt)
(Posted: July 16th 2023)
Criminal:
Second post conviction relief act petition; timeliness; qualification under exceptions to jurisdictional time-bar; jurisdiction; prejudice
(Chestnut071023bt)
(Posted: July 12th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to drug use, incarceration, inconstant housing, domestic abuse, inconstant employment; concerns about father's ability to parent child after he is released from prison, due to past history; persistence of conditions necessitating placement; existence of bond between child and parents; professional bonding assessment of mother and foster parents.
(AdoptionAL062123t)
(Posted: July 9th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case for delivery of drugs; driver of vehicle used to deliver drugs as an accomplice
(Carroll062123t)
(Posted: July 9th 2023)
Civil:
Non-jury trial; legal interpretation of lease terms based on stipulated facts; termination of lease due to violation of terms of lease prohibiting possession of gun in leasehold, where rent is subsidized by federal government; Second Amendment right to possess gun; existence of government action to implicate a constitutional right solely by virtue of partial government funding of rent
(Newberry070623C)
(Posted: July 6th 2023)
Criminal:
Suppression motion; knowing, intelligent, and voluntary waiver of Miranda rights claimed to have occurred during a diabetic episode; assessment of defendant's reasonable cognitive awareness and understanding during interactions; persuasiveness of bodycam footage of interactions with police; background and experience of defendant, including his prior run-ins with law enforcement; spontaneous utterances; voluntariness of statements under the circumstances
(Hughes07523bt)
(Posted: July 6th 2023)
Criminal:
Motion for allowance of suitable eligible person as participant in the state drug treatment program, treated as post conviction relief act petition; eligibility for relief when not currently serving sentence; timeliness of petition; jurisdiction of the court; eligibility of defendant under program requirements
(Coffey07523bt)
(Posted: July 6th 2023)
Criminal:
Suppression motion; probable cause to make a vehicle stop for window tint violation; authority to ask mission-related questions during traffic stop; reasonable suspicion to believe vehicle occupants were engaged in drug activity where officer engaged in hunch; voluntariness of consent for search obtained during unlawful detention; consent coerced by unwarranted threat to conduct drug sniff with canine; effectiveness of withdrawal of consent
(Jackson062923bt)
(Posted: June 29th 2023)
Laurel Hill Game and Forestry Club vs. W.F Brion, et al, vs. Range Resources-Appalachia, LLC, et al.
6.27.2023
Eric R. Linhardt
Civil:
Summary judgment motion; joinder of indispensable party as prerequisite to entering a decree; survival of cross-claims not renewed after the filing of an amended complaint; effect of failure to reply to new matter, where the averments are legal conclusions; use of evidence from another case to show genuine issues of material fact; claim that tax sale purchase of subsurface rights by surface estate owner was a redemption; statute of limitations on void or voidable tax sale; laches defense where delay causes prejudice; collateral estoppel by decision in another case involving same party's rights regarding another property
(laurel062723L)
(Posted: June 27th 2023)
Criminal:
Suppression motion; probable cause for vehicle stop; information about drug activity in the area and defendant's behavior at the scene providing reasonable suspicion to continue investigation; defendant voluntarily abandoning baggie of suspected crack cocaine during ongoing investigation
(Drummond062323bt)
(Posted: June 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of stalking; evidence of course of conduct; testimony that defendant said, during an attack, that he knew when victim "comes and goes from her apartment"; suppression of one on one identification; reliability given totality of the circumstances; factors to determine reliability of identification
(Lindo062223bt)
(Posted: June 26th 2023)
Criminal:
Appeal of conviction for delivery of controlled substances; waiver of weight of evidence claim; failure to raise issue in a motion for new trial orally on the record before sentencing, by written motion before sentencing or in a post-sentence motion; credibility issues; verdict shocking the conscience of the court; admissibility of late disclosed surveillance video; waiver of excessive sentence issue; sentencing criteria
(Mendez062123bt)
(Posted: June 23rd 2023)
Criminal:
Motion to dismiss under rule 600; objection to Commonwealth's method of determining excusable delay; speculation as to why certain cases moved ahead of this case
(Thomas061423t)
(Posted: June 16th 2023)
Criminal:
Habeas corpus petition; prima facie case; sufficiency of evidence of criminal conspiracy to deliver a controlled substance
(McClain061423t)
(Posted: June 16th 2023)
Criminal:
Habeas corpus petition; prima facie case of indecent assault involving touching of genitals
(Sanchez-Garcia061223bt)
(Posted: June 13th 2023)
Criminal:
Post conviction relief act petition; guilty plea knowingly, intelligently, and voluntarily entered into; prejudice
(Shadd061223bt)
(Posted: June 13th 2023)
Criminal:
Habeas corpus petition; prima facie case of various sexual offenses related to contact with minor; establishing elements of attempted indecent assault or solicitation, endangering the welfare of a child, unlawful contact with minor; corruption of minor, indecent assault and invasion of privacy; right to file additional motions based on discovery responses
(Wert060623t)
(Posted: June 12th 2023)
Criminal:
Motion to consolidate offenses; timeliness; standards applicable to consolidation; cases involving similar sexual offenses against same victim; judicial economy; risk of confusion
(Holly052423t)
(Posted: June 12th 2023)
Criminal:
Defense motion to dismiss; oral motion to amend information; no unfair surprise or require change in defense strategy; statute of limitations for offenses against minor; Ex Post Facto law
(Johnson060823t)
(Posted: June 12th 2023)
Civil:
Preliminary objections; punitive damages for claims of misrepresentation, intentional conduct and conversion; specificity of fraud claims; repelvin as cause of action to secure property not delivered under contract; cause of action for "damages"; difference between conversion and trespass to chattels as subject for preliminary objections where title is in dispute; viability of claim for breach of contract implied in fact where there is an express contract; alternative claim for quantum meruit for care of machinery and cattle where title is disputed; viability of action for slander of title where title is disputed; use of preliminary objection to address slander claims
(Boyles060523C)
(Posted: June 5th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to untreated mental issues; refusal to attend treatment sessions; stability of housing and employment; persistence of conditions necessitating placement; existence of bond between child and parents.
(AdoptionRRL052323t)
(Posted: May 31st 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to untreated mental issues; refusal to attend treatment sessions; stability of housing and employment; persistence of conditions necessitating placement; existence of bond between child and parents.
(AdoptionPDL052323t.pdf)
(Posted: May 31st 2023)
Criminal:
Motion to set bail; constitutional right to bail; possible aggregate sentences that would amount to life imprisonment; defendant charged with serious sexual offenses of neighborhood children; local elementary school; impact of new charges involving child pornography
(Stroud052323t.pdf)
(Posted: May 31st 2023)
Criminal:
Suppression motion; probable cause to make vehicle stop; stop by officer who did not observe violation, on information from officer who did; validity of consent to search
(Carter052523bt)
(Posted: May 29th 2023)
Civil:
Motion for preliminary injunction; eligibility for post-season high school baseball; in-season transfer of student; move not motivated by athletic purpose; application for waiver of post-season limitation; exceptional and unusual circumstances; merit to judicial interference into decision of a private association; arbitrary and capricious decision; immediate and irreparable harm
(CN051923Li)
(Posted: May 22nd 2023)
Criminal:
Motion to dismiss; Rule 600; calculation of excludable delay; evidence concerning Lycoming County criminal case backlog, jury management and efforts to increase the number of cases resolved each term; Commonwealth's exercise of due diligence
(Leonard051623bt)
(Posted: May 16th 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; examination of individual circumstances involved; military deployment and mental health issues of father combined with unnecessary barriers placed by mother; burden of proof; military service or mental health issues resulting therefrom as incapacity to perform parental duties
(AdoptionJAR050123t)
(Posted: May 13th 2023)
Criminal:
Habeas corpus petition; prima facie case of attempted homicide; evidence of specific intent to kill; totality of the circumstances; driving a vehicle into an occupied structure, along with the declaration, "you should be afraid" as evidencing specific intent
(Salazar050523bt)
(Posted: May 13th 2023)
Administrative Appeal:
Right to know appeal; request to voter services for 2020 ballot and mail-in ballot images; statutory construction; interpretation of election code provision rendering "contents of ballot boxes and voting machines" non-public records; interaction between Election Code and Right to Know Law statutes pertaining to ballots creating ambiguity; applicability of public record exclusion to scanned image of actually voted ballot; statutory construction doctrine of "expressio unius est exclusion alterius"; treating statute as "surplusage"; potential of fraud with mail-in ballots; distinction between scanned-in ballots and CRVs
(stroehmann1050823LI)
(Posted: May 12th 2023)
Civil:
Petition to strike default judgment; fatal defect or irregularity appearing on the face of the record; failure of complaint to contain notice to defend; requirement of service of original process to be by the sheriff; adequacy of service by mail; lack of jurisdiction; mootness
(nextgen042823Li)
(Posted: May 12th 2023)
Civil:
Non-jury trial; sufficiency of evidence to establish damages caused by township road work; credibility of expert testimony; mitigation of damages; duty owed; public and private nuisance; stormwater diversion as common law trespass; right to an injunction where the right to relief is not clear; sufficiency of legal remedy
(Lenhart051023Li)
(Posted: May 12th 2023)
Civil:
Non-jury trial of quiet title action; consentable boundary line by recognition and acquiescence; passive conduct on
the part of lawful owner for 21 years; failure to assert ownership in face of no trespassing signs at disputed line, a wire border fence, use of the property by adverse claimant and known adverse claims of ownership, as estoppel to claim of ownership
(SouthMountain050123Li)
(Posted: May 12th 2023)
In re: Appeal of Demolition Notice Relating to 1920 Riverside Drive South Williamsport
4.28.2023
Eric R. Linhardt
Administrative Appeal:
Appeal of demolition order; standard of review; substantial evidence supporting hearing board's decision; presumption of constitutionality of ordinances; ex post facto law; retroactive application of a law; selective enforcement of an ordinance; evidence that municipality targeted property owner for prohibited reason; unconstitutionally vague ordinance; inherent authority of municipality to forebear enforcement of ordinance; timeliness of implementation of plans for rehabilitation of building
(demolition042823Li)
(Posted: April 29th 2023)
Criminal:
Habeas corpus petition; prima facie case of sexual offenses with child where testimony of date is not specific
(CR-806-2022)
(Posted: April 27th 2023)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
