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The database contains 4708 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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DISCLAIMER - The opinions posted on this site are submitted directly by the Lycoming County Court of Common Pleas. All opinions submitted by the court are posted in the form received, and the Lycoming Law Association is not responsible for the content of any opinion or the decision to post any opinion, as all opinions received from the court are posted without editing or otherwise altering their content.  Any concerns regarding a posted opinion should be directed to the Judge who issued the opinion as the Association will not alter or remove an opinion without court direction.

(Opinions are listed in the order posted)

next Holtzapple vs. Dunkleberger and Tebbs  (March 15, 2017Judge Richard A. Gray
Civil:   Summary judgment motion; slip and fall case; hills and ridges doctrine; issues of fact; defective property condition; constructive notice that defect existed for such a period of time that it could have been discovered.  (Holtzapple031517g)  (Posted: Mar 21, 2017)

next Commonwealth vs. Garcia  (March 17, 2017Judge Nancy L. Butts
Criminal:   Appeal.  (Garcia031717bt)  (Posted: Mar 17, 2017)

next CFP vs. REP  (March 15, 2017Judge Joy Reynolds McCoy
Divorce:   Contempt petition; validity of attempt by court to order alimony before entry of divorce decree; clear and unambiguous contract provision; payments made to spouse during the course of separation, and prior to award of APL.  (Purcell031517m)  (Posted: Mar 17, 2017)

next Commonwealth vs. Kemp  (March 16, 2017Judge Marc F. Lovecchio
Criminal:   Post-conviction relief act petition; claim of ineffective assistance of counsel; claim lacking arguable merit; failure to call character witnesses; relevance of evidence of defendant's reputation for truthfulness or honesty; evidence of reputation for being nonviolent; subjecting witnesses to cross-examination about specific incidents of violent conduct; reasonable basis for not calling character witnesses; prejudice; opening the door to unfavorable rebuttal evidence; strategic basis for use of evidence.  (Kemp031717L)  (Posted: Mar 17, 2017)

next Scott vs. Ferguson  (March 9, 2017Judge Dudley N. Anderson
Civil:   Non-jury trial; property damage claims due to trespassing guinea hens; counter-claim for water drainage damage.  (Scott030917)  (Posted: Mar 15, 2017)

next Sacor Financial, Inc.Successor in interest to Wells Fargo Bank vs. Miller  (March 13, 2017Judge Dudley N. Anderson
Civil:   Non-jury trial; collection of loan debt; statute of limitations; choice of law; acknowledgement doctrine; clear, distinct and unequivocal acknowledgement of the debt.  (Sacor031317a)  (Posted: Mar 13, 2017)

next Commonwealth vs. Poole  (March 13, 2017Judge Dudley N. Anderson
Criminal:   Post-sentence motion; scratching prison guard; sufficiency and weight of evidence; proof of bodily injury; excessive sentence; affect on class of persons intended to be protected by statute; lack of remorse.  (Poole031317a)  (Posted: Mar 13, 2017)

next Commonwealth vs. Pittenger  (March 6, 2017Judge Marc F. Lovecchio
Criminal:   Motion to admit certain statements pursuant to Tender Years Act; hearsay statements made to mother and forensic interviewer; indicia of reliability; motive to fabricate.  (pittenger030617L)  (Posted: Mar 6, 2017)

next McMullin vs. Genesis Healthcare, Inc; 1201 Rural Avenue Operations LLC; Genesis Healthcare, LLC  (February 28, 2017Judge Richard A. Gray
Civil:   Preliminary objections; validity and enforceability of an arbitration agreement; authority of husband to act as agent; unconscionability; specificity of complaint; sufficiency of allegations to support punitive damage claim; negligence per se for violation of Neglect of a Care-Dependent Person Statute; scandalous and impertinent allegations.  (McMullen022817g)  (Posted: Mar 6, 2017)

next Chituk vs. Koenigsberg  (March 2, 2017Judge Richard A. Gray
Civil:   Motion for judgment on the pleadings; contract claim; oral agreement to pay son's rent; statute of frauds; “leading object" or "main purpose" rule, pecuniary or business purpose or benefit.  (chituc030217g)  (Posted: Mar 6, 2017)

next JP vs. KW  (March 21, 2016Judge Joy Reynolds McCoy
Custody:   Preliminary objections; jurisdiction; child never present in Lycoming County.  (jp032116m)  (Posted: Mar 5, 2017)

next JP vs. VP  (April 9, 2015Judge Joy Reynolds McCoy
Divorce:   Motion to enforce settlement and exclusive possession; contract law; agreement for division of property drafted prior to filing of divorce, that was intended to be binding and was partially implemented; waiver of rights to alimony and support, issues that were not addressed in pre-divorce agreement.  (jp040915m)  (Posted: Mar 5, 2017)

next Commonwealth vs. CMG  (July 5, 2012Judge Marc F. Lovecchio
Criminal:   Petition for expungement of summary charges; factors to consider; recidivist offense; right to be free from harm attendant to the maintenance of a traffic summary record; otherwise clean record; impact on employment.  (CMG070512L)  (Posted: Mar 5, 2017)

next DeWalt Estate  (March 2, 2017Judge Nancy L. Butts
Wills and Estates:   Objections to first and final accounting; reasonableness of attorney fees and executor's commission; prima facie fairness of 3% executor fee; ethics of early distribution to executor, reducing interest to the estate, where amount of interest is negligible; compliance of executor with the new Orphan's Court rules.  (Dewalt030217bt)  (Posted: Mar 2, 2017)

next Commonwealth vs. Koch  (February 28, 2017Judge Nancy L. Butts
Criminal:   Post-conviction relief act petition; jurisdiction of the court; timeliness .  (Koch022817bt)  (Posted: Mar 1, 2017)

next JH and SM Adoption  (February 27, 2017Judge Joy Reynolds McCoy
Adoption:   Appeal; timeliness; simultaneous filing of rule 1925 statement in Children's Fast Track appeals.  (AdoptionofJHandSM022717m)  (Posted: Feb 28, 2017)

next Commonwealth vs. Mitchell  (February 24, 2017Judge Nancy L. Butts
Criminal:   Appeal; service of order; timing of appeal.  (Mitchell022417bt)  (Posted: Feb 25, 2017)

next Lapp Estate  (February 21, 2017Judge Nancy L. Butts
Wills and Estates:   Appeal from register of wills' grant of letters of administration; abuse of discretion standard of review; cause shown to grant letters to one intestate heir over another who has threatened to destroy the property to which he would be a fiduciary of if granted letters.  (Lapp022117bt)  (Posted: Feb 21, 2017)

next In the interest of S.J, a Juvenile  (February 13, 2017Judge Richard A. Gray
Criminal:   Suppression motion; confession of 16 year old juvenile after questioning of principal in his office with police officer present; no Miranda warning given; consideration of attending facts and circumstances.  (InreSJ021317g)  (Posted: Feb 17, 2017)

next Commonwealth vs. Nottingham  (February 15, 2017Judge Richard A. Gray
Criminal:   Appeal before sentencing; premature appeal; failure to file a concise statement pursuant to Pa. R.A.P. 1925.  (Nottingham021517g)  (Posted: Feb 17, 2017)

next Commonwealth vs. Parker  (February 8, 2017Judge Nancy L. Butts
Criminal:   Defense motion to admit evidence of victim's past sexual behavior; inappropriate use of a computer as evidence of past sexual behavior; motion in limine to preclude Commonwealth expert testimony concerning victim responses to sexual assaults; statutory authority for expert testimony; duty to provide exculpatory evidence extending to Commonwealth duty to find such evidence; privilege for confidential communications to psychiatrists or psychologists.  (Parker020817bt)  (Posted: Feb 17, 2017)

next Commonwealth vs. Grady  (February 13, 2017Judge Marc F. Lovecchio
Criminal:   Commonwealth motion to apply non contraband or derivative contraband funds to costs and fines; motion granted without hearing; jurisdiction to reconsider due to expiration of 30 days; inherent authority of court to correct patent and obvious errors; denial of due process of law; court authority to revise defendant’s installment payment schedule; consideration of defendant’s financial means.  (Grady021317L)  (Posted: Feb 13, 2017)

next Commonwealth vs.Wylie  (February 8, 2017Judge Dudley N. Anderson
Criminal:   Post-sentence motion; non-jury trial; sufficiency of evidence of altered firearm charge; obvious attempt to alter a serial number by abrasion; consecutive sentences for possession of a firearm with altered manufacturer’s number and firearms not to be carried without a license.  (wylie020817a)  (Posted: Feb 10, 2017)

next Commonwealth vs. Rudinski  (February 9, 2017Judge Nancy L. Butts
Criminal:   Post sentence motions; failure of Commonwealth to produce discovery; no discovery violation where no request made; prejudice to the degree that it affected trial strategy or likely affected outcome of proceedings; claimed inflammatory photographs that were the essence of the case; after-discovered evidence relating to the involvement of Commonwealth's investigator in "Porngate" scandal.  (Rudinski020917bt)  (Posted: Feb 9, 2017)

next MMS Adoption  (February 7, 2017Judge Joy Reynolds McCoy
Adoption:   Petition for involuntary termination of parental rights of father; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; father in arrears on child support obligation; failure to appear at hearing; bond existing between child and parent; adoption by mothers paramour.  (AdoptionofMMS020717m)  (Posted: Feb 8, 2017)

next MMD Adoption  (February 6, 2017Judge Joy Reynolds McCoy
Adoption:   Petition for involuntary termination of parental rights of biological and legal fathers; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent..  (AdoptionofMD020617m)  (Posted: Feb 7, 2017)

next West Branch Regional Authority vs Force and Blank  (February 6, 2017Judge Dudley N. Anderson
Administrative Appeal:   Preliminary objections to amended affidavit of defense and counterclaim; municipal lien claim for overdue sewer rental payments; due process protections to require payment of bills incurred by previous owner; property purchased at tax sale; failure to make inquiry of utility providers; equal protection argument where happenstance creates two classes of payers and not the municiplaity.  (westbranchregionalauthority020617a)  (Posted: Feb 6, 2017)

next Commonwealth vs.Williams  (February 6, 2017Judge Marc F. Lovecchio
Criminal:   Appeal of murder conviction; compliance with procedure to obtain out-of-state records by subpoena; HIPAA applicability in criminal case; law enforcement exception; evidence of flight and conduct during apprehension relevant to the charge flight to avoid apprehension, trial or punishment and to show consciousness of guilt; appropriateness of suppression for HIPAA violation; exclusion of defense expert testimony not sufficiently definite and not meeting expert testimony standard; expert discussion of conceivability or possibility; admissibility of remote evidence of the victim’s prior convictions for aggression; awareness of defendant of victim's previous aggressive behavior; evidence of alcohol or drug consumption by victim without testimony that the amount in the victim’s system caused intoxication; court's discretion in admitting evidence claimed to be prejudicial; admissibility of prison recordings that were relevant and showed consciousness of guilt; hearsay testimony; admissibility of rebuttal exhibits; proposed non-specific testimony in sur rebuttal that it is not uncommon for witnesses to be uncooperative; applicability of heat of passion voluntary manslaughter jury instruction in self-defense case; weight of the evidence of first decree murder; insufficient evidence to prove specific intent to kill or malice; inference from the use of a deadly weapon on a vital organ; Commonwealth disproving self-defense beyond a reasonable doubt; use of deadly force where weapon illegally possessed; duty to retreat; verdict based on speculation.  (Williams020617L)  (Posted: Feb 6, 2017)

next Supple vs. Richardson  (February 3, 2017Judge Dudley N. Anderson
Civil:   Landlord tenant proceeding; request for order of possession; request for enforcement of alleged agreement of sale of property; Statute of Frauds; unsigned agreement of sale; evidence of an authentication; part performance.  (supple020317a)  (Posted: Feb 3, 2017)

next Commonwealth vs. Brown  (January 31, 2017Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; ineffective counsel as to guilty plea advice; different Judge accepting plea and sentence knowing, voluntary and intelligent plea; waiver of guilty plea coercion claim.  (Brown013117bt)  (Posted: Feb 2, 2017)

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