Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Criminal:
Post sentence motion; suppression issue related to claimed overbroad search warrant; "communications" defined; sentencing discretion; sentence within the guidelines; impact of sexual abuse on child
(Moser042622bt)
(Posted: May 14th 2022)
Civil:
Summary judgment motion; liability of property owner to independent contractor; retained control theory of Restatement (2nd) of Torts ยง 414; questions of fact
(Miller050522t)
(Posted: May 11th 2022)
Wills and Estates:
Petition requesting court to set purchase price and authorize sale of real estate; will interpretation; effectuating the intent of
the testator; extrinsic evidence on finding of ambiguity; collateral facts making meaning of will uncertain; valuation of rea estate based on Federal Estate Tax return where no such return was filed
(finck042822Li)
(Posted: April 29th 2022)
Criminal:
.Rule 600 motion for nominal bail; concession by Commonwealth of time exceeding 180 days; bail conditions
(Draft041122bt)
(Posted: April 29th 2022)
Criminal:
Pennsylvania Parole Board request to modify the conditions of supervision in 2012 case to include standard sex offender conditions; programming that has nexus to facts and circumstances of case.
(Moore042222bt)
(Posted: April 29th 2022)
Criminal:
Suppression motion; notice that prison recordings could be given to district attorney; written and verbal notifications of telephone call recording; consent to calls being recorded and divulged; reasonable expectation of privacy; motion to sever animal cruelty counts; prejudice due to extreme affection many people accord their pets; charges inextricably entwined
(Heck042522br)
(Posted: April 25th 2022)
Criminal:
Appeal
(Shoop04212002t)
(Posted: April 18th 2022)
Criminal:
Motion for Grazier hearing; post conviction relief act petition; failure of appointed counsel to file amended petition; disagreement between counsel and defendant on merit of claims; refusal to allow counsel to withdraw as defendant's motion to be permitted to proceed pro se was made under duress
(Willits04012022t)
(Posted: April 18th 2022)
Civil:
Preliminary objections; failure to attach Interest Rate and
Interest Charges" document which details the annual percentage rate to complaint
(truist04012022t)
(Posted: April 18th 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; repeated and continued incapacity, abuse, neglect or refusal of Father causing children to be without essential parental care, control or subsistence necessary for child's physical or mental well-being; no existing bond
(AdoptionofBAM03242002t)
(Posted: April 18th 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; repeated and continued incapacity, abuse, neglect or refusal of Father causing children to be without essential parental care, control or subsistence necessary for child's physical or mental well-being; no existing bond
(AdoptionTRGandAMS03242022t)
(Posted: April 18th 2022)
Stetts vs. Manor Care of Williamsport PA (North), LLC; HCR ManorCare, Inc,; HCR Manor Care Services, LLC
3.18.2022
Eric R. Linhardt
Civil:
Motion for reconsideration or for certification for allowance of appeal; discretion of court to modify or rescind order where facts or law change; evidentiary support for understaffing claim; understaffing as causation for claimed injuries; need for expert opinion where there is no obvious connection between alleged breach and harm suffered; finding that immediate appeal would materially advance or facilitate resolution of case
(Stetts031822Li)
(Posted: April 18th 2022)
Maynard Street Properties, LLC and Grimesville Properties, LLC vs. Druck Partners, LP
3.31.2022
Eric R. Linhardt
Civil:
Preliminary objections; contract interpretation; meeting of conditions precedent; liquidated damages; pleading facts supporting affirmative defenses
(Maynard033122Li)
(Posted: April 18th 2022)
Civil:
Preliminary objections; action for dissolution of business and accounting; arbitration provision in operating agreement for voting deadlock; common law arbitration; Pennsylvania's preference for settling disputes by arbitration; scope of agreement; contract interpretation
(Bennet303122Li)
(Posted: April 14th 2022)
Family:
Appeal from grant of protection from abuse order; proof required to secure protection from abuse order; balancing interests to avoid impacting pending separate partition action; sufficiency of evidence to establish fear of imminent serious bodily harm; sufficiency of evidence of prior abuse
(Bay040622Li)
(Posted: April 14th 2022)
Criminal:
Appeal; failure to file rule 1925 statement; preservation of issues for appeal; guilty plea as waiving right to challenge nonjurisdictional defects and defenses; failure to ensure a complete record for appeal
(Choice032922br)
(Posted: April 14th 2022)
Criminal:
Motion to withdraw guilty plea; fair and just reason for withdrawal; Commonwealth prejudice; assertion of innocence; admission that defendant was not innocent of all crimes charged; liberal allowance prior to sentencing
(Erwin032522bt)
(Posted: April 4th 2022)
Criminal:
Appeal
(Derr032422k)
(Posted: April 4th 2022)
Civil:
Motion for return of property; shifting burden of proof; vehicle involved in a crime
(Taylor032122bt)
(Posted: April 4th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; claimed governmental interference exception to time requirement
(Cruz-Echevarria032122bt)
(Posted: April 4th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver controlled substances where defendant had a large amount and variety of controlled substances with no means of ingestion; suppression motion; searching an unresponsive person for identification; exigent circumstances
(Newman031722t)
(Posted: March 21st 2022)
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction of the court; time of discovery of new evidence; matters entered at trial by stipulation
(Williams121721bt)
(Posted: March 21st 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; right to effective counsel in a PCRA proceeding; waiver
(Johnson031422bt)
(Posted: March 21st 2022)
Criminal:
Objection to post-conviction relief act petition dismissal; lack of additional facts to supplement argument
(Brown031422bt)
(Posted: March 21st 2022)
Criminal:
Motion to be released on nominal bail under rule 600; no periods of delay; non-monetary conditions for lifetime registrant charged with similar sex offense
(Sewell031622bt)
(Posted: March 21st 2022)
Criminal:
Objection to the dismissal of post-conviction relief act petition; unfounded claims of facts unknown to defendant at the time of trial; timeliness of petition
(Williams031622bt)
(Posted: March 21st 2022)
Criminal:
Suppression motion; sufficiency of affidavit of probable cause; totality of the circumstances; personal observations of confidential informant; hearsay information
(Lopez031122bt)
(Posted: March 21st 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of delivery of drugs in addition to hearsay evidence
(Taylor031122bt)
(Posted: March 21st 2022)
Criminal:
Appeal of conviction for endangering welfare of children; weight and sufficiency of evidence; duty of care, protection and support of victim's parent's girlfriend, who fed, clothed and bathed victim
(maneval030422Bt)
(Posted: March 18th 2022)
Criminal:
Post conviction relief act petition; jurisdiction of court; timeliness
(Hill021522bt)
(Posted: March 16th 2022)
Criminal:
Motion to modify sentence treated as a post conviction relief act petition; jurisdiction to hear claim; challenge to discretionary elements of sentence; timeliness
(Young020522bt)
(Posted: March 16th 2022)
Civil:
Student loan collection complaint; sufficiency of complaint to establish possession of loan; chain of title; sufficiency of verification; need to establish personal knowledge; adequacy of "information or belief" to verify complaint
(cobb031622Li)
(Posted: March 16th 2022)
Civil:
Motion to reinstate appeal from magisterial district court; credit card case; failure to file proof of service; prejudice; good cause shown; rule 126; no explanation for noncompliance
(TDBank030722t)
(Posted: March 12th 2022)
Criminal:
Restitution determination; credible evidence to the extent and
cost of damage to door damages by defendant; unintentional calculation error
(Hand030722t)
(Posted: March 12th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of burglary; proof that defendant entered home with intent to commit a crime; totality of circumstances demonstrating general intent; intent inferred from actions as well as words
(Sabins021822bt)
(Posted: March 12th 2022)
Criminal:
Request for name of anonymous cooperative individual; qualified privilege not to disclose an informant's identity; defendant's burden to demonstrate at least a reasonable possibility the informant's testimony would exonerate him; recusal of district attorney office; defendant counsel's employment by district attorney; mere allegation or appearance of impropriety; prohibition of former attorney to discuss case or access case materials
(McClain030422bt)
(Posted: March 12th 2022)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; reasonableness of conclusion that if one traffic light is green, that the opposing light is red
(Neufer030922bt)
(Posted: March 12th 2022)
Criminal:
Habeas corpus motion; person not to possess a firearm; constructive possession; possession of a key to a safe; dominion over firearm; DNA lab results determining that defendant can be included as potential contributor to mixed profile on firearm
(Tindal030322bt)
(Posted: March 12th 2022)
Civil:
Preliminary objections; specificity of complaint in pleading corporate negligence or vicarious liability; sufficiency of certificate of merit; sufficiency of references to "other negligent actions and omissions that may be disclosed through the course of discovery"; failure to plead specific acts committed by unnamed representatives of the defendant; sufficiency of facts to support claims of reckless or grossly conduct; conscious choice of a course of action
(cuneo030322Li)
(Posted: March 3rd 2022)
Civil:
Motion to compel discovery responses; wealth discovery for punitive damages without court order; discovery of pay related to motive for publication of salacious, inflammatory, or scandalous articles; applicability of Shield Law to protect information that would likely expose identity of source; in camera review
(Miller030322Li)
(Posted: March 3rd 2022)
Criminal:
Habeas corpus motion; prima facie case of theft where victim inexplicably blacked out at defendant's home and credit card purchases from victim's card, accessible to defendant, are linked to an email connected to defendant
(Ganhao022822bt)
(Posted: March 2nd 2022)
Criminal:
Habeas corpus motion; prima facie case of person not to possess a firearm; constructive possession; probable cause to stop vehicle that proceeded at high rate of speed through intersection; lack of evidence of speed limit; suppression of evidence as fruit of the poisonous tree;
(Clay022822bt)
(Posted: March 2nd 2022)
Criminal:
Habeas corpus petition; prima facie case of driving under the influence of a controlled substance; traffic stop for tinted windows; suppression motion; reasonable suspicion to justify a canine sniff; probable cause for search warrant; consideration of evidence outside affidavit of probable cause
(Scott022822bt)
(Posted: March 2nd 2022)
Criminal:
Suppression motion; unduly suggestive photograph array for failure to partially cover faces of individuals
(McClain022822bt)
(Posted: March 2nd 2022)
Civil:
Preliminary objections; sufficiency of credit card collection complaint; need to plead every detail of the claim; attaching interest rate and fees as material terms of agreement
(FNBOmaha030222t)
(Posted: March 2nd 2022)
Custody:
Appeal
(Sweet021722t)
(Posted: February 24th 2022)
Criminal:
Motion to dismiss charges; rule 600; suspension of rules due to COVID-19; exclusion of time due to defendant's request for continuance
(Cradle021522t)
(Posted: February 24th 2022)
Civil:
Petition for forfeiture and condemnation; burden to prove seized money was or was intended to be used in violation of controlled substance laws; proof of nexus between pertinent unlawful activity and property subject to forfeiture; shifting burden to prove funds acquired legally; lack of arrest of party from whom money seized
($7782USCurrency022222t)
(Posted: February 24th 2022)
Criminal:
Post conviction relief act petition; motion to remove assistant district attorney from case due to potential conflict; issues previously unsuccessfully litigated; inapplicability of corpus delicti rule in case where there is no confession; constitutionality of cell phone search where trooper never actually saw contents of phone; claimed structural errors; presumption of innocence requiring garb of innocence; presence of sheriff deputy; prejudice; sequestration of Commonwealth's designated representative; sufficiency of evidence of trafficking minor for sexual servitude; effectiveness of counsel; need to provide search warrant affidavit at time of preliminary hearing; specificity of allegations of ineffectiveness or prejudice; failure of counsel to raise non-meritorious issues; issues involving speculation; proper venue where case filed in location where incriminating text messages were received; reasons for judicial recusal; prejudice of failure of counsel to advise defendant during representation that he was running for district attorney; claimed denial of opportunity to access requested exculpatory material where defendant failed to establish the existence of the material or Commonwealth possession; burden to prove misrepresentations in police affidavits; sufficiency of affidavits of probable cause; after discovered evidence used solely for the impeachment of witness credibility
(Holmes021722t)
(Posted: February 24th 2022)
Criminal:
Post sentence motion; sufficiency and weight of evidence that defendant was one committing burglaries; prerogative of jury to believe trial testimony over prior inconsistent statements; lack of DNA evidence; determination of whether after discovered evidence would have compelled a different verdict; claimed manifestly unreasonable, unnecessarily excessive and unjust sentence; discretion to impose consecutive or concurrent sentences; sentencing for separate burglaries
(Shoop021722t)
(Posted: February 23rd 2022)
Criminal:
Habeas corpus motion; additional evidence at hearing; prima facie case of fleeing or attempting to elude and recklessly endangering where defendant sped away from a police car which had activated its lights and drove erratically in a residential area; circumstantial evidence of possession with intent to deliver based on quantity of drugs
(Durbin021522t)
(Posted: February 17th 2022)
Civil:
Motions in limine; admissibility of chaplain note in hospital record referencing hearsay comments; business record exception; prejudice outweighing probative value; jury
confusion; necessity of expert opinion on the appropriate dosages of narcotic medicine; redundant expert testimony; corroborative rather than cumulative expert testimony; mootness
(Lutz021522t)
(Posted: February 17th 2022)
Criminal:
Appeal
(Harris021022t)
(Posted: February 17th 2022)
Criminal:
Motion for preservation of evidence; witness unavailable due to prepaid vacation; finding exceptional circumstances; duty of Commonwealth to ensure availability of witnesses
(cradle021422t)
(Posted: February 15th 2022)
Criminal:
Post conviction relief act petition; previously litigated issue; claimed failure to bring defendant to trial within 365 days of filing of complaint and due diligence in the face of avoidable delay; prejudice
(Brown121721bt)
(Posted: February 12th 2022)
Criminal:
Habeas corpus petition; prima facie case of indecent assault where there is evidence of non consensual touching
(Greevy020122bt)
(Posted: February 7th 2022)
Criminal:
Motion to vacate sentence; anticipatory revocation of order of probation for commission of new crime after sentencing, but prior to beginning of probation period; substantive change in the case law; non-waivable illegal sentence; retroactive application of new rule
(Morrison020122t)
(Posted: February 3rd 2022)
Criminal:
Appeal; reasonableness of sentence; discretion of court to impose consecutive or concurrent sentences; two separate victims; weight of the evidence to convict for endangering the welfare of children where there was evidence that children were locked in filthy and ill suited rooms, were malnourished and were suffering medically
(Engler-Harper020122t)
(Posted: February 3rd 2022)
Armstrong Township vs. Lycoming County Board of Assessment Appeals and Choice Fuelcorp, Inc. vs. South Williamsport School District
1.25.2022
Ryan M. Tira
Administrative Appeal:
Motion to enforce settlement agreement on assessment appeal; mutual or unilateral mistake; presumption that settling attorney has authority of client to settle; express authority to bind a client to a settlement agreement; effect of miscommunication between an attorney and his client
(Armstrong012522t)
(Posted: February 3rd 2022)
Civil:
Motion seeking determination of need to file certificate of merit; civil cases constituting professional liability actions; determination based on nature of action and not identity or status of defendant; question of medical judgment beyond the common knowledge of laypersons; specific concerns associated with transporting wheelchair-bound patients
(Fry020222Li)
(Posted: February 3rd 2022)
Criminal:
Post-sentence motion in arrest of judgment; sufficiency of evidence of possession of drugs with intent to deliver; consideration of volume of heroin, manner in which it was packaged and amount of protective gear in house; connection of defendant to home by observation of his coming and going and his identifying documentation in the house; motion for new trial due to court's refusal to drug test witnesses; refusal of court to exclude late discovered video evidence; prejudice; manifestly excessive sentence; "volume discount" for multiple crimes; consideration of previous record and sales of dangerous substances such as fentanyl and methamphetamine
(Lincoln012622bt)
(Posted: February 1st 2022)
Criminal:
Motion for new trial' Non-jury trial; weight of the evidence; credibility of witnesses; sufficiency of evidence to support verdict
(Hill012222t)
(Posted: January 29th 2022)
Adoption:
Agency petition for involuntary termination of parental rights; admissions and voluntary relinquishment of rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; parental incapacity; parent largely compliant with the permanency plan; toxic relationship between mother and father as impediment to reunification with children; needs and welfare of children; bonding assessment; continued bond with mother giving way to stronger bond with resource parents
(SK012422m)
(Posted: January 26th 2022)
Myers vs. Mihail, Ear, Nose and Throat of UMPC Susquehanna; Susquehanna Health ENT, Susquehanna Physician Services, Susquehanna Health Services
1.20.2022
Ryan M. Tira
Civil:
Preliminary objections; insufficient specificity in new matter; facts supporting expiration of the statute of limitations; adequacy of pleading of consent where doctor states that risks, benefits, and alternatives were provided to patient; need to plead non-waivable statutory defenses or non-affirmative defenses; sufficiency of general claim that acts of others constituted intervening or superseding causes; need to plead defense that would not defeat a plaintiff's claim entirely
(Myers012022t)
(Posted: January 26th 2022)
Civil:
Objections to discovery; relevancy of inquiries; premature questions on issues of financial means to pay judgment; duty to respond to requests by separately responding to each request and identifying documents responsive to that request
(Harris011822t)
(Posted: January 26th 2022)
Criminal:
Suppression motion; adequacy of search warrant to establish probable cause of a crime; knowing, intelligent, and voluntary waiver of Miranda rights; totality of circumstances; probable cause for search of cell phone data without evidence that crimes of abuse of corpse, tampering with evidence or obstruction would be contained in phone
(Babcock012522bt)
(Posted: January 26th 2022)
Criminal:
Sentence reconsideration; weighing and considering all relevant factors in fashioning sentence; impact of incident on victim; failure of defendant to accept responsibility for conduct
(Graham010722bt)
(Posted: January 26th 2022)
Criminal:
Restitution hearing; demand for proof of damages; excessive or speculative award; Commonwealth burden to establish value damaged items
(Frank012522bt)
(Posted: January 26th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession of drugs; constructive possession; mere association, suspicion, or conjecture; evidence of defendant's residence at home where currency, drugs, bags and sealers, and guns were located; circumstantial evidence of conspiracy; totality of circumstances inferring agreement between defendants; sufficiency of evidence that gun was stolen to establish receiving charge; arrest warrant alone as sufficient justification for police to enter the home to locate and arrest defendant; probable cause or exigency; stale warrant; evidence from search warrant as "fruit of the poisonous tree"
(Tennison012122bt)
(Posted: January 26th 2022)
Criminal:
Habeas corpus petition; prima facie case of possessing a concealed, unlicensed weapon where officer observed weapon being tossed into bushes; constructive possession of weapon; sufficiency of evidence of tampering with evidence where defendant conceals weapon in bushes
(Prieto011922t)
(Posted: January 22nd 2022)
Civil:
Preliminary objections; sufficiency of pleading in credit card case; failure to attach credit card statements showing how claimed amount came to be due including alleged charges
and payments
(Ramos011822t)
(Posted: January 20th 2022)
Civil:
Preliminary objections; striking general, vague, and boilerplate allegations of negligence; failure to allege any improper conduct or describe specific care that should have been provided but was not
(Scipp011822t)
(Posted: January 20th 2022)
Civil:
Preliminary objections; verification by attorney; explicit statement that complaint is for breach of contract; objections resolved by representations at argument
(Funk011822t)
(Posted: January 20th 2022)
Criminal:
Post-sentence motion for reconsideration of sentence; coordinate jurisdiction rule; all arguments previously considered by sentencing judge
(Treese011822t)
(Posted: January 20th 2022)
Criminal:
Post sentence motion; excessive sentence; decision to sentence consecutively for separate and distinct acts of
purposeful and knowing behavior intended to steal elderly victim's assets; sentencing criteria; severity of crimes
(Strouse011122t)
(Posted: January 12th 2022)
Civil:
Motion in limine; evidence of receipt of social security
disability benefits or application for benefits; collateral source rule; evidence of plaintiff's belief of her disability before accident at issue
(Snyder011022Li)
(Posted: January 11th 2022)
Criminal:
Motion in limine; prejudicial effect of video of assault; probative value far outweighing unpleasantness of footage
(Williams010322bt)
(Posted: January 6th 2022)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofFQM010622m)
(Posted: January 6th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of sexual assaults based on testimony of victim
(Guyer122321bt)
(Posted: January 4th 2022)
Criminal:
Omnibus motion based on the prohibition against double jeopardy; applicability of Crimes Code sections 109 & 110; criteria determining when former prosecution bars a subsequent prosecution; occurrences constituting one criminal episode; fundamental unfairness of prosecution after guilty plea on related charges
(Acosta121521t)
(Posted: January 3rd 2022)
Civil:
Preliminary objections; demurrer to claim that lease requires landlord to provide alternate housing after fire destroys apartment; sufficiency of pleading of alleged contractual duty; remedies for breach of implied warranty of habitability; applicability of unfair trade practices and consumer protection law to claimed breach of duties owed by landlord; specificity of negligence claims in landlord/tenant case; gist of the action; viability of punitive damages claim
(washington123021LI)
(Posted: January 3rd 2022)
Civil, Wills and Estates:
Non-jury trial; executor's fiduciary duty; need for an accounting of estate expenses
(Wurster123021Li)
(Posted: January 2nd 2022)
Civil:
Motion for partial summary judgment; sufficiency of expert reports to support claims; negligence per se for neglect of care-dependent person under18 Pa. C.S. ยง 2713 or for alleged violations of the Older Adults Protective Services Act; evidence that alleged failure to report potential abuse caused injury; proof of a fiduciary relationship; viability of claim against corporate entity for aiding and abetting breach of fiduciary duty; evidence necessary to establish a prima facie claim of corporate liability for failing
to ensure that its policies relating to patient transfers and the use of the lift were followed; establishing injuries caused by claimed understaffing; viability of punitive damage claims; time for attacking punitive damage claim; jury determination of recklessness; motion to remand for arbitration for failure to meet jurisdictional amount
(stetts123021Li)
(Posted: January 2nd 2022)
Criminal:
Motion to dismiss legally insufficient information; sufficiency of factual allegations; precision of alleged dates of crimes where crimes are of a continuing nature over the course of several years; degree to which defendant's own actions contributed to pre-arrest delay; defendant's confession to crimes where victim has not reported crimes; prejudice; delay for further investigation; application of juvenile act to crimes of an adult committed as a child; applicability of juvenile act to sexual assaults committed by child; constitutionality of mandatory minimum prison sentences; suppression motion; voluntariness of confession; totality of circumstances
(Terry122221t)
(Posted: December 29th 2021)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionofTJJ122121m)
(Posted: December 22nd 2021)
Criminal:
Suppression motion; reasonable suspicion for traffic stop; officer's reasonable belief that properly operating factory installed "corner lights" were "fog lights" that were not operating correctly
(Newman122021bt)
(Posted: December 22nd 2021)
Criminal:
Suppression motion; facially invalid search warrant; sufficient evidence to establish probable cause to search for credit card information and electronic devices; probable cause for search where police note powerful smell of raw marijuana and stem of marijuana that was not in prescribed container from a licensed dispensary; habeas corpus petition; prima facie case of possession of firearm; constructive possession; sufficiency of evidence of receipt of stolen property where defendant merely accepted packages delivered by carrier; sufficiency of evidence where only evidence suppressed
(Jones121721bt)
(Posted: December 20th 2021)
Criminal:
Post conviction relief act petition; timeliness; response to court's order with notice of intent to dismiss; newly discovered facts; due diligence
(Mincy121521bt)
(Posted: December 18th 2021)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Hall120921bt)
(Posted: December 18th 2021)
Criminal:
Suppression motion; plain view tour of probationer's home by probation officers; expanded search after finding contraband; reasonable suspicion that an individual possesses contraband or has violated conditions of probation; habeas corpus petition; prima facie showing that defendant was in constructive possession of gun
(Johnson120821bt)
(Posted: December 10th 2021)
Administrative Appeal:
Land use appeal; conditional use permit; reasonable conditions and safeguards; abuse of discretion standard; blanket objections to conditions as not supported by ordinance provisions; condition limiting use to scope of landowner's proposal; record justification for conditions; use approved based on its scope, not its operator; imposition of additional enforcement provisions
(Hartrandft120621t)
(Posted: December 9th 2021)
Civil:
Petition to open or strike default judgment; timeliness of petition; explanation for failure to file answer; meritorious defense; motion for sanctions under Pa.R.C.P. 1023.1(c)(1); attempt to delay without any chance of prevailing on merits
(Hetherington120621t)
(Posted: December 9th 2021)
Civil:
Preliminary objections; landlord tenant appeal; limited liability company's appearance in court without an attorney; jurisdiction to consider claims raised by non-attorneys; specificity of complaint; allowing amendment of complaint upon sustaining preliminary objections
(Wolverine112421Li)
(Posted: December 8th 2021)
Criminal:
Habeas corpus petition; timeliness; prima facie case for drug volitions
(Hanes120121bt)
(Posted: December 7th 2021)
Criminal:
Suppression motion; reasonable suspicion of criminal activity; probable cause for arrest; voluntariness of consent for search ;
(rohland120321t)
(Posted: December 6th 2021)
Criminal:
Post conviction relief act petition; timeliness; proper method to challenge the decisions of the Board or the Department of Corrections calculation of sentence; authority of board to require that entire sentence be served in jail
(smith111221br)
(Posted: December 6th 2021)
Wills and Estates:
Interlocutory appeal; appealability of failure of court to allow an answer to petition
(wengert112321li)
(Posted: December 6th 2021)
Family:
Appeal of denial of motion to withdraw guilty plea; PFA contempt; admitted erroneous legal advice
(ruiz-ayala110221L)
(Posted: December 6th 2021)
Civil:
Partition action; adverse possession; divorce; procedure when defendant asserts a claim of disputed title; factual question of whether parties jointly own the real estate in question and what fractional interest each party holds.
(stuart120321Li)
(Posted: December 6th 2021)
Criminal:
Suppression motion; warrantless entry into residence; exigencies of situation creating compelling need for official action and no time to secure a warrant; summary offense; defendant's conduct escalating situation; search of coat incident to arrest; abandonment; search of vehicle where no probable cause or exigent circumstances existed to support a warrantless search
(Booker112421bt)
(Posted: November 29th 2021)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
