Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Criminal:
Habeas corpus petition; sufficiency of evidence of cruelty to animals where obviously sick dogs were not provided timely veterinary care
(West060622bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; eligibility for relief; sentence already completed
(Lampley071222bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Gruss071322bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; coerced guilty plea; credibility of claims
(Logan082322bt)
(Posted: October 14th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Johnson091922bt)
(Posted: October 14th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Hall101322bt)
(Posted: October 14th 2022)
Criminal:
Motion to dismiss pursuant to rule 600; calculation of excludable time; excusable delay; availability of trial days outside of control of Commonwealth
(Strano100422bt)
(Posted: October 14th 2022)
Civil:
Appeal; jurisdiction of the court; standing to pursue motion to return property; collateral attacks on other proceedings
(Best100422bt)
(Posted: October 14th 2022)
Criminal:
Suppression motion; reasonableness of extension of traffic stop after traffic offenses to commence drug investigation; totality of circumstances; warrantless search based on coerced consent; search as exploitation of prior illegality; proof that a consent is product of an essentially free and unconstrained choice – not the result of duress or coercion; fruit of the poisonous tree doctrine; warrant based on illegal search
(Young100322bt)
(Posted: October 12th 2022)
Criminal:
Suppression motion; probable cause or reasonable suspicion to conduct traffic stop; duty of driver to signal when turning from a parking lot; collective knowledge doctrine; statements constituting fruit of the poisonous tree
(Martin100422bt)
(Posted: October 12th 2022)
Criminal:
Post conviction relief act petition; ineffectiveness of counsel for failure to request bill of particular to establish alibi defense to downloading child pornography where information already in possession of trial counsel; prejudice; reasonable basis for failure to call alibi witnesses
(Rudinski091922bt)
(Posted: October 12th 2022)
Criminal:
Motion for suppression of statements; Miranda rights; questions asked during normal course of arrest; marijuana in plain sight during arrest
(Askey100622bt)
(Posted: October 12th 2022)
Evans vs. Lavallee, Pastore, Adkins, The Williamsport Hospital; UPMC Susquehanna and Anesthesia Associates of Williamsport, Inc.
10.10.2022
William P. Carlucci
Civil:
Motion to assert cross claims and affirmative defenses resulting from partial settlements; conscious strategy decision to forgo any cross claims; manifest prejudice of allowing cross claims after parties have completed discovery and exchanged expert reports, and the matter is ripe for trial.
(Evans101022c)
(Posted: October 10th 2022)
Criminal:
Appeal
(Best100422t)
(Posted: October 10th 2022)
Criminal:
Appeal; sentencing discretion; consideration of prior history and pattern of criminal behavior, as well as need for services available at state correctional facility
(Prokop100422t)
(Posted: October 10th 2022)
Early Bird Car Wash, Inc, Mr. Bird's Custom Car Wash Equipment, LLC and Early vs. Piermattei and Rhodes & Sinon, LLP vs. Botta
10.7.2022
Eric R. Linhardt
Civil:
Preliminary objections to joinder complaint; duty owed by successor counsel to predecessor counsel; circumstances under which an additional defendant may be liable with or liable for indemnity; joinder for sole liability where allegations contained in the joinder complaint relate
to different harms to be proven with different evidence as to different occurrences happening at different times; forcing plaintiffs to sue their attorney using rule 2252
(EarlyBird100722Li)
(Posted: October 9th 2022)
Civil:
Motion for partial summary judgment; contract interpretation; waiver of no oral modification clause; genuine issue of material fact for trial; assessment of trial evidence
(salvatore100422c)
(Posted: October 4th 2022)
Civil:
Motion for permission to file appeal of MDJ decision nunc pro tunc; jurisdiction of court; discretion to allow a late appeal; fraud or breakdown of court operation; required elements of proof; emergency hospitalization; acting with sufficient promptness; showing of attempt to file within the applicable time
(baines100422Li)
(Posted: October 4th 2022)
Civil:
Motion for protective order/to compel; discovery where issue of class certification is open pending decision on preliminary objections; discretion to limit scope of discovery
(lawson100322Li)
(Posted: October 4th 2022)
Administrative Appeal:
Motion for reconsideration of order granting petition to appoint township supervisor and motion for injunction; proper form of action; standing to file quo warranto action; validity of supervisor appointment where there was no public vote; remedy for vacancy board's failure to act within 15 days; procedural requirements for vacancy board to petition court to fill vacancy; remedy for violation of Sunshine Act; authority of the court to make appointment of supervisor without hearing; viability of request for injunctive relief; appealability of order
(OldLycoming092322Li)
(Posted: September 25th 2022)
Wills and Estates:
Will interpretation; express or latent ambiguity; enforcing plain language of will
(manno092122Li)
(Posted: September 21st 2022)
Criminal:
Late filed suppression motion; interests of justice; probable cause for vehicle stop; use of parking lights only in darkness
(Erwin090822bt)
(Posted: September 20th 2022)
Adoption:
Agency petition for involuntary termination of parental rights; voluntary relinquishment of rights; failure to perform parental duties for at least the six months preceding the filing of the petition; parent with inconsistent visitation and non-compliant with the permanency plan; lack of progress towards reunification with child; needs and welfare of child; bonding assessment; lack of bond with father giving way to stronger bond with resource parent
(InreIB091922t)
(Posted: September 20th 2022)
Criminal:
Habeas corpus petition; prima facie case of indecent assault and rape of person with mental disability; adequacy of testimony of ability to consent without expert opinion; compelling psychiatric evaluation of complainant; compelling discovery of Brady material, recorded interviews or reports, prior record information for witnesses and social media evidence; disclosure of additional materials Commonwealth may receive
(Babb091422t)
(Posted: September 15th 2022)
Criminal:
Motion to reinstate omnibus pretrial motion; exigent circumstances for failure to appear at hearing; inattention to date of scheduled hearing
(Greene090722t)
(Posted: September 13th 2022)
Criminal:
Appeal
(Strouse082322t)
(Posted: September 12th 2022)
Civil:
Summary judgment motion on counterclaim; sufficiency of pleadings to make out prima facie cause of action; failure to mitigate; determinations to be made by fact-finder
(Choicefuel082222t)
(Posted: September 12th 2022)
Criminal:
Motion to compel discovery required under Brady rule; required production of lab/ballistic reports, interviews, cell phone videos or photos, texts, rap sheets of witnesses, victim medical records; disclosure of bad acts evidence under rule 404(b); motion to preclude evidence of defendant's bad acts; severance of persons not to possess charge from homicide offenses; production of juror record checks; motion for individual voir dire on questions of racism
(Lee090222t)
(Posted: September 12th 2022)
Bohlander, Executrix of the Estate of Stefanick vs. Nippenose Valley Village, Inc
9.12.2022
Ryan M. Tira
Civil:
Preliminary objection; motion to strike punitive damages claim; sufficiency of factual allegations to support punitive damage claim; motion to overrule objection to subpoena of insurance company file containing negotiations; expectation of privacy; discretion to omit materials prepared in anticipation of litigation; redaction of references to mental impressions, conclusions or opinions regarding value or merit of a claim or defense or respecting strategy or tactics
(Bohlander091222t)
(Posted: September 12th 2022)
Criminal:
Post-sentence motions; sufficiency of evidence; admissibility of prison calls with victim in which potential guilty plea and sentencing was discussed; applicability of rule 410 prohibition to discussions in which the Commonwealth is not a party; waiver of issues not raised at trial; prejudice of mere reference to a defendant's incarceration; reconsideration of sentence; reasonableness of sentence; resentencing on probation violation; applicability of mandatory minimum sentence for corruption of minor; merger of sentences for lesser included offenses
(reid0090122Li)
(Posted: September 10th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of drug and paraphernalia possession; constructive possession; evidence of power and intent to exercise dominion and control; suppression motion; standing to challenge search of someone else's house; legitimate expectation of privacy in another's home; statutory authority for parole officer to search property of parolee if reasonable suspicion to believe that contraband or other evidence of violations of supervision will be discovered
(Robinson081922bt)
(Posted: August 31st 2022)
Criminal:
Appeal
(Page080422bt)
(Posted: August 29th 2022)
Criminal:
Nominal bail motion; incarceration for 198 days; lack of rule 600 exclusions
(Stowe061722bt)
(Posted: August 29th 2022)
Criminal:
Discovery of Brady material, prior record information; iPhone "dump", information provided to pathologist; habeas corpus petition; prima facie case of homicide; need to establish corpus delicti, that a crime has been committed; need for Commonwealth to irrefutably exclude the idea of accident or suicide in a homicide case; consideration of defendant's behavior as consciousness of guilt; admissions by defendant; suppression motion; statements made to a nun at a hospital; privilege for statements made to member of clergy; statements not made in confidence; motion to sever cases for trial
(CowlaySaunders042622bt)
(Posted: August 29th 2022)
Criminal:
Frye motion; concern that expert's methodology is generally accepted
(Friend060921bt)
(Posted: August 29th 2022)
Civil:
Contempt petition; deliberate conduct for finding of contempt; reasonable interpretation of court order; sufficiency of evidence
(purcell082522c)
(Posted: August 26th 2022)
Civil:
Preliminary objections; specificity of complaint; failure to allege whether contract is written or oral; amendment
(Fuller082222c)
(Posted: August 25th 2022)
Civil:
Contempt petition; contract interpretation; standards applicable to contempt proceeding; deliberate violation of stipulated order
(stopper081022c)
(Posted: August 25th 2022)
Adoption:
Petition for involuntary termination of parental rights; adequacy of service; burden of proof; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond, which has lapsed
(AdoptionUandNP081722t)
(Posted: August 23rd 2022)
Civil:
Motion seeking discovery of defendant's wealth; punitive damages claim that survived preliminary objections; separation of wealth discovery from general discovery; net worth as appropriate measure of wealth; discovery of jointly owned assets
(miller081822Li)
(Posted: August 22nd 2022)
Civil:
Preliminary objections; pleading proof of assignment of a debt; failure to attach credit card agreement; specificity of pleading of a contract; specificity of allegations of transactions on credit card account
(Portfolio080822t)
(Posted: August 22nd 2022)
Civil:
Preliminary objections; pleading proof of assignment of a debt; failure to attach credit card agreement; specificity of pleading of a contract; specificity of allegations of transactions on credit card account
(Portfolio081822t2)
(Posted: August 22nd 2022)
Armstrong Township vs. Lycoming County Board of Assessment Appeals and Choice Fuelcorp, Inc. vs. South Williamsport School District
8.3.2022
Ryan M. Tira
Administrative Appeal:
Appeal
(Armstrong080322t)
(Posted: August 22nd 2022)
Criminal:
Motion in limine for permission to introduce video and audio recording; exception to the Wiretap Act for threat of or commission of crime
(Millington080822bt)
(Posted: August 22nd 2022)
Administrative Appeal:
Motion to dismiss appeal for lack of standing and objection to In Forma Pauperis status; sufficiency of notice of conditional use permit hearing; conspicuous posting requirement; notice posted on road adjacent to property or at entrance to property is posted on affected tract of land, satisfying statutory criteria for notice; standing of person not attending a hearing to take appeal; standards applicable to claim of inability to pay; balancing income, obligations, assets, family, and other relevant factors to determine ability to pay
(Griggs081522LI)
(Posted: August 16th 2022)
Administrative Appeal:
Motion for protective order to redact information from court opinion; public access to information in case records; determination of confidential information and documents; appropriateness of public release of opinion to further establishment of precedent; redaction of confidential information regarding type of credit card used by business and types of vehicles owned
(Griggs081522LI)
(Posted: August 16th 2022)
Civil:
Preliminary objections; specificity of allegations which form the basis of request to pierce the corporate veil; general rule upholding corporate entity; applicability to limited liability company
(swink081122Li)
(Posted: August 11th 2022)
Civil:
Preliminary objections; credit card debt collection action; failure to attach defendant's contractual agreement to pay a specific interest rate
(FNBOholt080922t)
(Posted: August 11th 2022)
Criminal:
Bail modification motion; rule 600; seriousness of charges involving attempted murder of person protected by PFA order and violence against police officers; need to assure safety of victim and community
(Miller080222t)
(Posted: August 3rd 2022)
Adoption:
Agency 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; non-appearance of father at hearing; existence of bond with father
(InreAB072022t)
(Posted: August 2nd 2022)
Civil:
Non-jury trial; Uniform Commercial Code issues; reasonableness of notice of breach, where notice came by filing a complaint a year later; duty to offer a cure after complaint was filed
(provision071922a)
(Posted: August 2nd 2022)
Criminal:
Post conviction relief act petition; attorney withdrawal petition; timeliness; jurisdiction of court; eligibility for boot camp
(Miller072622bt)
(Posted: August 2nd 2022)
Family:
Appeal; timeliness; adequacy of the concise statement of matters complained of on appeal consisting of a litany of allegations of errors committed by multiple judges and accusations of judicial bias dating back to 2017; ability of court to meaningly address allegations
(Gabel072022bt)
(Posted: July 23rd 2022)
Criminal:
Motion to compel bill of particulars with respect to sex crimes against a child victim; sufficiency of complaint range of 5 months within which crimes allegedly occurred to satisfy due process
(Nellis071922t)
(Posted: July 23rd 2022)
Civil:
Preliminary objections; pleading in the alternative when two causes of action rely on inconsistent factual averments; issue of style rather than substance; recovery of attorney's fees; specificity of claim for additional damages; suspicion and belief as facts sufficient to support claims; punitive damage claim for allegations of fraud and misrepresentation
(stackhouse072222Li)
(Posted: July 23rd 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of driving under influence of controlled substance; probable cause for vehicle stop based on smell of burnt marijuana; totality of circumstances alleged in search warrant to support search of vehicle
(Duvall071322bt)
(Posted: July 22nd 2022)
Criminal:
Suppression motion; standing to challenge warrantless entry into home to make arrest; reasonable expectation of privacy in another's home; probable cause for warrantless arrest; knowing and intelligent waiver of Miranda rights made by someone under the influence of narcotics.
(Hamilton062422bt)
(Posted: July 19th 2022)
Criminal:
Suppression motion; search incident to a routine visit of parolee's home by adult probation officer; reasonable suspicion to believe probationer possesses contraband or other evidence of violations of conditions of supervision; claimed overreaching conduct; detention of defendant, who was not a parolee, during search based on reasonable suspicion
(Bryant070122bt)
(Posted: July 12th 2022)
Criminal:
Appeal
(Hill060322t (002))
(Posted: July 10th 2022)
Custody:
Appeal of termination of agency services and juvenile placement with father; definition of dependent child; non-custodial parent available and willing to provide care to child; decision removing parties from the jurisdiction of the Juvenile Act and placing them within the jurisdiction of family court, for custody proceedings
(HJ060822t (002))
(Posted: July 10th 2022)
Civil:
Preliminary objections; viability of claim for tortious theft of services; sufficiency of allegations of fraud; specificity of fraud claims
(EagleConstr062422t)
(Posted: July 10th 2022)
Civil:
Complaint for injunctive relief and declaratory judgment; statutory construction; responsibilities of the county controller; authority of row officers to supervise employees, including appointment and removal
(rogers070122Leete)
(Posted: July 7th 2022)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing, at most, a passive interest in the children; teen children's decision to cut off contact with parent; no existing bond
(AdoptionIHandTH062722t)
(Posted: July 1st 2022)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent having never had contact with child or financially supported child; no existing bond
(AdoptionMBS062722t)
(Posted: July 1st 2022)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; failure to perform parental duties due to court restrictions and delays not caused by parent; parental incapacity that cannot be remedied including acts of refusal as well as incapacity to perform parental duties; sufficiency of conviction of crime involving injuries to child alone to warrant termination of parental rights
(AdoptionFQM062722t)
(Posted: July 1st 2022)
Civil:
Preliminary objections; class action suit related to COVID-19 shut-down and remote learning; standing of parent to bring claims against adult children's college where complaint alleges that parent paid money directly to college for services that were not received; failure to attach writing where breach of contract is alleged; general allegations of contract terms implied through websites, handbooks, marketing materials or other publications; viability of claim for breach of contract based on an amalgamation of documents, materials, and other writings; specificity of allegations as to terms of contract; viable claim for breach of contract and unjust enrichment, as opposed to an educational malpractice claim; availability of contractual claim where students paid for in-person instruction, but were given a different product; separation of contract and quasi-contract claims into different counts; unjust enrichment as alternative to contract claim; pleading additional sum for attorneys' fees in class action case
(lawson062922Li)
(Posted: July 1st 2022)
Divorce:
Exceptions to master's report; determination of date of separation; de novo review; master's determination of credibility; cessation of cohabitation; communication of intent to live separately
(earley062922Li)
(Posted: June 29th 2022)
Williams vs. Bitler, Williams, Lycoming Supply, Inc., Kamatoma East, LTD., and Lycoming Construction Services, LLC
6.29.2022
Eric R. Linhardt
Civil:
Motion to exclude expert testimony; expert opinion expressed to reasonable degree of certainty; motions for summary judgment; fiduciary duty and duty of loyalty; need for expert testimony on breach of fiduciary duty with respect to valuation of company; reasonableness of use of book value to value company stock; new legal theory raised after expiration of statute of limitations; enlargement of a previously-pied theory; viability of discovery rule; viability of civil conspiracy claim when plaintiffs have failed to establish damages; failure of proof that assets were diverted
(williams062922Li)
(Posted: June 29th 2022)
Edenfield vs. ECM Energy Services, Inc., ADTRAK 360, LLC, Higgins, Wahl and Pfleegor
6.27.2022
Eric R. Linhardt
Civil:
Petition to compel production of corporate records; determination of location of corporate electronic records stored "in the cloud," without an established physical location in Pennsylvania, for purposes of compliance with statute allowing shareholder to inspect corporate records located within Pennsylvania; jurisdiction of court to compel production of records of foreign corporation
(Edenfiled062722Li)
(Posted: June 27th 2022)
Stetts vs. Manor Care of Williamsport PA (North), LLC; HCR ManorCare, Inc,; HCR Manor Care Services, LLC
6.27.2022
Eric R. Linhardt
Civil:
Motions in limine; relevance of plaintiff's counsel's newspaper campaigns or history of nursing home litigation or advertisements; relevance of actions of plaintiff's attorney's firm in previous cases; use of evidence not produced in discovery; argument that plaintiff's verdict would adversely affect healthcare costs or limit access to healthcare. relevance of evidence of understaffing, undersupplying or underbudgeting to inadequate supervision claim remaining in the case; determination of admissibility of hearsay statements without hearing the factual predicate established by the testimony; admissibility of evidence regarding problems at other care facilities or with the long-term care system generally; relevance of Department of Health surveys to issues of notice and knowledge related to failure to develop or enforce adequate policies and training; qualifications of expert to testify to standard of care under MCARE Act; prejudice of using terms; "fraud," "abuse," "neglect," "recklessness," or "oppressive behavior"; admissibility of evidence concerning reimbursement from CMS, Medicare, Medicaid, or any other governmental reimbursement program; use of transcripts of depositions of witnesses from other cases to refresh the recollection of the same witnesses in present case; motion for trifurcation to separate claims of medical professional negligence,
corporate negligence and punitive damages; issues likely to confuse or prejudice jury; testimony of caregivers who did not care for decedent on issues of corporate negligence or punitive damages
(stetts062722Li)
(Posted: June 27th 2022)
Family:
Preliminary objections to protection from abuse petition; question of personal jurisdiction over South Carolina resident for alleged abuse that occurred in South Carolina; burden of proof; defendant's purposeful direction of activities to Pennsylvania with regularity; Pennsylvania's interest in protecting plaintiff from a nonresident; complicating factor of litigating custody in South Carolina
(wise062322Li)
(Posted: June 26th 2022)
Needville Little League, Inc. and Tulsa National LL, Inc. vs. Little League Baseball, Inc.
6.24.2022
Eric R. Linhardt
Civil:
Preliminary objections; specificity of contract claim; failure to attach the contract to the complaint; elements of a contract claim; unilateral alteration of COVID-19 protocols prior to Little League tournament; offer and acceptance of unilateral offer to alter terms of relationship; detrimental reliance; ability of the court to interpret contract that is not attached to the complaint
(Needville062422Li)
(Posted: June 26th 2022)
Laurel Hill Game and Forestry Club vs. W.F Brion, et al, vs. Range Resources-Appalachia, LLC, et al.
6.24.2022
Eric R. Linhardt
Civil:
Summary judgment motions; deed interpretation; determination of whether language excepting and reserving mineral rights was merely copied or incorporated into subsequent deeds; statutory construction; resurrection of rights of a party that owned the subsurface rights prior to tax sale but lost those rights in tax sale and title wash; material issues of fact relating to property boundary
(laurel062422Li)
(Posted: June 26th 2022)
Civil:
Motion in limine; relevancy of evidence of possibility of future medical treatment; question of non-economic damages generally; limiting jury instruction
(hamm062222Li)
(Posted: June 22nd 2022)
Administrative Appeal:
Right to know law appeal; applicability of statute to non-profit corporation; degree of governmental control over fire company, nature of its functions, and financial control by government; financial dependence of entity on government for its existence
(pysher062022Li)
(Posted: June 20th 2022)
Criminal:
Motion for nominal bail; rule 600 time calculation; excludable time
(Mitchell060122bt)
(Posted: June 20th 2022)
Criminal:
Motion to modify restitution; burden of proof; causal relationship of damages to criminal incident
(Dunlap053122bt)
(Posted: June 20th 2022)
Criminal:
Suppression motion; probable cause for search warrant; credibility of confidential informant; totality of circumstances; reliability of informant who is identified in the warrant and who gives information against his penal interest
(Thomas060222bt)
(Posted: June 20th 2022)
Criminal:
Motion for release of mental health records; discoverability of mental health records of victim in criminal prosecution; undisclosed purpose for request; mental health not placed at issue; waiver of privilege
(Racey053122bt)
(Posted: June 20th 2022)
Civil:
Propriety of summary judgment motion filed mid-way through bifurcated trial; bar of statute of limitations; waiver of issue not pursued at trial; pleading separate counts of negligence, gross negligence and negligence per se; objection to form over substance of complaint; property purchaser's suit for a trespass that already occurred when they knew or should have known of that trespass when property was purchased; right of suit for continuing trespass; failure to plead damages to particular property as bar to recovery; changing scope of liability after conclusion of first trial; governmental immunity; legal duty of municipality to enforce its own ordinances; limited authority of court after remand of appealed case; application of res ipsa loquitur to determine cause of death of trees; need for expert testimony; liability for acts of third parties; utility service facility or real property exceptions to immunity; bar of court awarding equitable relief of an injunction requiring affirmative action such as constructing new stormwater management facilities; applicability of monetary award cap; motions in limine regarding expert reports; novel scientific evidence; methodology not generally accepted in relevant field; Frye test; weight and reliability of expert's conclusions; appropriate scope of a Frye inquiry; argument that assumptions are "too conservative" or "unrealistic" as challenge to methodology; factual basis for expert opinion; scope of trial on remand; grant of nonsuit implicating law of the case, res judicata or collateral estoppel that would preclude defense based on nonsuited claims; admissibility of relevant evidence; admissibility of evidence of citation and police report
(CoganHouse061422Li)
(Posted: June 14th 2022)
Wills and Estates:
Petition to probate copy of will; rebuttable presumption that testator revoked or destroyed will; two-witness rule; alternative explanation for the inability to locate original will
(lehman061322Li)
(Posted: June 14th 2022)
Civil:
Motion to dismiss and stipulation to discontinue as to less than all defendants; effect of stipulation to discontinue containing a clerical error of counsel; unilateral mistake by a party; striking a discontinuance to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice; 6 day delay as prejudicial; consideration of procedural delay
(Wilburn060822Li)
(Posted: June 14th 2022)
Civil:
Preliminary objections; damages recoverable by tenant against landlord for breach of covenant of quiet enjoyment; viability of claim for damages related to breach of implied warranty of habitability; viability of claim under Unfair Trade Practices and Consumer Protection Law for failure to comply with warranty to tenant to provide a habitable residence; viability of negligence claim under gist of the action doctrine where tenant claims landlord negligently failed to maintain wiring.
(washington061322Li)
(Posted: June 13th 2022)
Criminal:
Habeas corpus petition; prima facie case of cruelty to animals for knowing failure to obtain medical treatment for sick appearing puppies
(West060622bt)
(Posted: June 13th 2022)
Criminal:
Amended opinion
(Erwin060722bt)
(Posted: June 9th 2022)
Criminal:
Appeal; sufficiency of evidence of child pornography related convictions; setting up cell phone to photograph child using the bathroom; inference that victim was photographed for purpose of sexual gratification or stimulation; preservation of issues; prosecutor's comments on Miranda rights where defendant chose to waive those rights
(Benson060222t)
(Posted: June 7th 2022)
Criminal:
Motion seeking identification of confidential informant under rule 573; showing of material need and reasonableness; qualified privilege to withhold the identity of a confidential source; blanket argument of possible exculpatory information; motion to suppress statements; prison interaction rising to custodial interrogation; evidence seized suppressed as fruit of the poisonous tree; viability of search warrant after improperly obtained statements removed; information in affidavit establishing probable cause
(Ringkamp052422bt)
(Posted: June 5th 2022)
Criminal:
Appeal; ineffective counsel for failure to depose witnesses and to interview prior counsel; assessment of review performed by post-conviction counsel
(Holmes050222t)
(Posted: May 23rd 2022)
Adoption:
Agency 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; parent noncompliant with the permanency plan; parent not addressing incapacities that caused child to be removed from care; continued bond with mother; bonding assessment to determine whether bond is worth saving or whether termination would cause irreparable harm
(AdoptionofHB051122t)
(Posted: May 23rd 2022)
Criminal:
Appeal of homicide conviction; admissibility of multiple camera angles of robbery and homicide; discretion of trial court; depictions of different information to meet various elements of Commonwealth's burden of proof; voir dire; refusal to strike a prospective juror for cause; burden
of proving that a prospective juror should be excused for cause; statement of defendant showing consciousness of guilt; refusal to charge for third-degree murder where acts clearly constituted second-degree murder, jury confusion; mandatory imposition of court costs
(Fogan050222Br)
(Posted: May 21st 2022)
Criminal:
Appeal of traffic summary offense conviction for failure to stop at red signal; presence of stop line; relevance of comparison with other unique intersections; sufficiency of evidence to support conviction
(spotts050422Li)
(Posted: May 21st 2022)
Wills and Estates:
Non-jury trial; Dead Man's Act issue; incompetence to testify on claim of an inter vivas gift; evidence of donative intent; sufficiency of evidence of transfer of ownership of vehicles; purpose of Dead Man's Act
(benson051722Li)
(Posted: May 18th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of drug delivery resulting in death; connection between drug sale and substance found in deceased's body
(Anderson050622bt)
(Posted: May 14th 2022)
Criminal:
Pre-sentence motion; burden of proving previous convictions of offender for sentencing purposes; admission of NY court records under evidence rule 902(A) as self-authenticating; conviction of equivalent sexual crime requiring registration; comparison of elements of offenses and disparity in grading and sentencing; computation of prior record score; applicability of mandatory minimum; lack of jury finding of any enhancing element; constitutionality of enhanced sentence where crime requiring the enhancement committed after enactment of statute but prior offense committed before statute enacted
(Reid051122Li)
(Posted: May 14th 2022)
Civil:
Preliminary objections; suit for injunctive relief for obstruction of right-of-way; unreasonable restriction by possessor of land subject to easement; specificity of complaint; speculative averments to support punitive damage claim; recovery of attorney fees under the American rule
(Evelhair051122LI)
(Posted: May 14th 2022)
Civil:
Preliminary objections; imputed liability through agency theory; factual issue of whether principal-agent relationship exists; agreement that one entity agreed to comply with rules of another as evidence of agency
(Thomas051122Li)
(Posted: May 14th 2022)
Wills and Estates:
Declaratory judgment petition; will interpretation; question of distribution trust assets per capita or per stirpes; American
rule favoring a per stirpes distribution in the absence of contrary evidence; rebutting presumption
(crooks051122Li)
(Posted: May 14th 2022)
Criminal:
Post-sentence motion; blanket statements of inadequate weight and sufficiency of evidence; testimony of witness of remote events or events that had no connection to the issue of defendant's innocence; sentencing discretion; unduly harsh sentence; sentence incorporating mandatory minimums and within sentencing guidelines
(Page050222bt)
(Posted: May 14th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence; of sexual abuse of child where victim cannot remember specific dates of a continuous course of criminal conduct
(Johnson042922bt)
(Posted: May 14th 2022)
Criminal:
Consolidation motion relating to incidents involving shootings; common scheme, plan or design; timeliness of motion; two different types of offenses that are not a part of the same series or transaction; proof of propensity for violence
(Staten-Chambers050222bt)
(Posted: May 14th 2022)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
