Lycoming Law Association

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The database contains 3154 opinions issued by the Lycoming County Court of Common Pleas since 1999.

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All opinions 2012 only

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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 In re estate of Betty McKernan Coyle  (February 2, 2012Judge Marc F. Lovecchio
Wills and Estates:   Petition to replace executor; petition to list property for sale; dispute over disposition of estate real estate; oil, gas and mineral rights; competing offers from beneficiaries.  (coyle020212L)  (Posted: Feb 3, 2012)

next Commonwealth vs. Hoffman  (January 31, 2012Judge Marc F. Lovecchio
Criminal:   Post conviction relief act petition; sufficiency of facts for guilty plea to rape of impaired victim; denial of petition of counsel to withdraw from representation; supplemental review of record to determine if claims are meritorious.  (hoffman013112L)  (Posted: Feb 3, 2012)

next Horner vs. Loyalsock Township School District  (February 2, 2012Judge Dudley N. Anderson
Civil:   Motion for interpleader; condemnation payment; attorney's lien for fees; exposure to double or multiple liability; unreasonable delay.  (horner020212a)  (Posted: Feb 2, 2012)

next Commonwealth vs. Williams  (February 1, 2012Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; objection to the dismissal order; claimed misinterpretation of issue raised; ineffective counsel; failure to request transfer to juvenile court.  (Williams020112bt)  (Posted: Feb 2, 2012)

next Commonwealth vs. Stafford  (February 1, 2012Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; timeliness; lack of jurisdiction.  (Stafford020112bt)  (Posted: Feb 2, 2012)

next Commonwealth vs. Mosley  (January 31, 2012Judge Nancy L. Butts
Criminal:   Post conviction relief act petitions; jurisdiction after appeal.  (Mosley013112bt)  (Posted: Feb 2, 2012)

next Commonwealth vs. Moore  (February 1, 2012Judge Nancy L. Butts
Civil:   Motion to suppress and a petition for writ of habeas corpus; drug case; warrantless search of person; reasonable suspicion; mere flight; use of false name; probable cause developed after detention.  (Moore020112bt)  (Posted: Feb 2, 2012)

next Commonwealth vs. Kennel  (January 31, 2012Judge Nancy L. Butts
Criminal:   Petition for habeas corpus; burglary and theft case; prima facie case; circumstantial evidence; time, proximity to the scene of the crime and proximity to the goods stolen; motion to suppress; suggestive photo identification.  (Kennel013112bt)  (Posted: Feb 2, 2012)

next Commonwealth vs. Copenhaver  (February 1, 2012Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; voluntariness of guilty plea; ineffective counsel; waiver of issues not raised on direct appeal.  (Copenhaver020112bt)  (Posted: Feb 1, 2012)

next EMA vs. JBA  (January 30, 2012Judge Nancy L. Butts
Custody:   Appeal of emergency custody order; notice of hearing time change.  (Alexander013012bt)  (Posted: Jan 31, 2012)

next Commonwealth vs. Ball  (January 25, 2012Judge Marc F. Lovecchio
Criminal:   Commonwealth motion in limine; prisoner assault case; admission of inmate statement with incendiary language; marginal relevance; possibility of prejudice; waiver of disciplinary hearing as tacit admission of guilt; pre-arrest silence.  (ball012512L)  (Posted: Jan 30, 2012)

next Commonwealth vs. Crain  (January 27, 2012Judge Marc F. Lovecchio
Criminal:   Motion to suppress; summary appeal; regulatory checkpoint stop; constitutionality of checkpoint; need for advertisement; requirement of approval by district attorney; substantial compliance with checkpoint guidelines; exceeding administratively approved time.  (Crain012712L)  (Posted: Jan 30, 2012)

next Commonwealth vs. McCullough  (January 30, 2012Judge Marc F. Lovecchio
Criminal:   Motion to suppress; search of a home; drugs in plain view observed while executing an arrest warrant; lack of privacy interest in the premises rented by another; exigent circumstances; presence of firearms; overbroad warrant.  (mccullough013012L)  (Posted: Jan 30, 2012)

next Commonwealth vs. Evans  (January 9, 2012Judge Marc F. Lovecchio
Criminal:   Guilty plea; interpretation of plea agreement; mutual mistake as to prior record score; applicability of contract law standards; authorization to withdraw guilty plea .  (evans010912L)  (Posted: Jan 30, 2012)

next Commonwealth vs. Moore  (January 5, 2012Judge Marc F. Lovecchio
Criminal:   Post sentence motion; rape of an unconscious or unaware person; weight and sufficiency of evidence; intoxicated victim voluntarily laying down on bed and removing clothing; reconsideration of the sentence; discretion of the court; factors to be considered in sentencing; comparison with sentence of accomplice; consistency of verdict; not guilty verdict on lesser included offense.  (moore010512L)  (Posted: Jan 30, 2012)

next Commonwealth vs. McCullough  (May 27, 2011Judge Marc F. Lovecchio
Criminal:   Habeas corpus petition; drug case; sufficiency of the evidence; evidence of possession; constructive possession by residents of household where drugs were found; equal access of another.  (mccullough052711L)  (Posted: Jan 30, 2012)

next In the interest of KR  (January 25, 2012Judge Joy Reynolds McCoy
Adoption:   Petition for voluntary relinquishment of parental rights; adoption of child by step-brother of mother, while mother retains parental rights; in loco parentis status; no intention to live in family unit; legislative intent.  (kr0l12512m)  (Posted: Jan 26, 2012)

next Pennsylvania General Energy Company, LLC vs Watson Township Zoning Hearing Board  (January 24, 2012Judge Dudley N. Anderson
Administrative Appeal:   Petition to intervene by non-party to appeal of denial of special exception and variances; affect upon legally enforceable interest; right of peaceable enjoyment of property; interest represented by the township.  (pageneralenergy012412a)  (Posted: Jan 25, 2012)

next Commonwealth vs. McClam  (January 24, 2012Judge Nancy L. Butts
Criminal:   Post conviction relief act petition; eligibility for relief; lack of incarceration.  (McClam012412bt)  (Posted: Jan 25, 2012)

next Corbett vs. Supply Source  (January 23, 2012Judge Richard A. Gray
Civil:   Petition for preliminary injunction; employment agreement dispute; enforceable restrictive covenant; lack of immediate and irreparable harm; compensable with money damages; knowledgeable party to contract who had assistance of counsel.  (Corbett012312g)  (Posted: Jan 23, 2012)

next MS vs. TS  (January 17, 2012Judge Joy Reynolds McCoy
Divorce:   Appeal.  (ms11712m)  (Posted: Jan 23, 2012)

next Commonwealth vs. Huff  (January 20, 2012Judge Kenneth D. Brown
Criminal:   Post sentence motion; sufficiency and weight of evidence; counterfeit money order; claimed lack of knowledge.  (detwiler012012br)  (Posted: Jan 20, 2012)

next Hess, Rider & Eline vs. Jordan & Reed  (January 18, 2012Judge Richard A. Gray
Civil:   Post trial motions; improper entry of judgment for both ejectment and quiet title; binding consentable line.  (Hess011812g)  (Posted: Jan 19, 2012)

next Dieffenbach vs. Trevouledes  (January 18, 2012Judge Richard A. Gray
Civil:   Motion to allow use of medicals under MCare Act; evidence of medical bills as billed or actually paid; purpose of MCare act to ensure fair legal process and reasonable compensation; possibility of plaintiff's windfall; use of limiting jury instruction; relevance of insurance status of the plaintiff.  (Dieffenbach011812g)  (Posted: Jan 18, 2012)

next Commonwealth vs. Betts  (January 18, 2012Judge Richard A. Gray
Criminal:   Appeal.  (betts011812g)  (Posted: Jan 18, 2012)

next Commonwealth vs. Patterson  (January 17, 2012Judge Nancy L. Butts
Criminal:   Post sentence motion; murder conviction with death penalty imposed; maximum sentence for conspiracy exceeded; denial of challenges to jurors; potential juror agreed to follow judicial instruction; lack of prejudice where not all peremptory challenges used; removal from room of jurors during challenge discussions; grant of challenge to juror who could not agree to death penalty; striking juror based on factors unrelated to race; challenge to juror who had strong connections to the police department; expert testimony relating to the eye witness identification; exclusion of evidence concerning potential jury tampering by witness; prior bad acts and other crimes evidence; hearsay evidence; statements offered for effect on defendant and not for their truth; prejudicial closing argument; jury consideration of written instructions; re-instructing the jury; testimony of witness to conclusions concerning a conspiracy; evidence of defendant's incarceration at trial; adequacy of standard jury instruction during death penalty phase; waiver of objections to the closing argument; discretion to allow witnesses.  (Patterson011712bt)  (Posted: Jan 17, 2012)

next Commonwealth vs. Nottingham  (January 13, 2012Judge Nancy L. Butts
Criminal:   Suppression motion; accident involving intoxicated driver; investigatory questioning; lack of Miranda warnings; custodial questioning.  (Nottingham011312bt)  (Posted: Jan 14, 2012)

next Commonwealth vs. Cupp  (January 12, 2012Judge Dudley N. Anderson
Criminal:   Appeal nunc pro tunc; probation revocation; discretion of the court; consideration of age, mental health history and rehabilitative needs.  (cupp011212a)  (Posted: Jan 13, 2012)

next Dieffenbach vs. Trevouledes  (January 12, 2012Judge Richard A. Gray
Civil:   Motion in limine to prohibit testimony about the defendant's subjective state of mind and character; error of judgment charge.  (Dieffenbach011212g)  (Posted: Jan 12, 2012)

next Commonwealth vs. Taylor  (January 12, 2012Judge Nancy L. Butts
Criminal:   Suppression motion; reasonable suspicion to initiate an investigatory detention; legality of arrest; independent basis for search warrant.  (Taylor011212bt)  (Posted: Jan 12, 2012)

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