

The database contains 3154 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 reverse chronological order)
Horner vs. Loyalsock Township School District
(February 2, 2012)
Judge
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)
In re estate of Betty McKernan Coyle
(February 2, 2012)
Judge
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)
Commonwealth vs. Williams
(February 1, 2012)
Judge
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)
Commonwealth vs. Stafford
(February 1, 2012)
Judge
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; lack of jurisdiction.
(Stafford020112bt)
(Posted: Feb 2, 2012)
Commonwealth vs. Moore
(February 1, 2012)
Judge
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)
Commonwealth vs. Copenhaver
(February 1, 2012)
Judge
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)
Commonwealth vs. Mosley
(January 31, 2012)
Judge
Nancy L. Butts
Criminal:
Post conviction relief act petitions; jurisdiction after appeal.
(Mosley013112bt)
(Posted: Feb 2, 2012)
Commonwealth vs. Kennel
(January 31, 2012)
Judge
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)
Commonwealth vs. Hoffman
(January 31, 2012)
Judge
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)
Commonwealth vs. McCullough
(January 30, 2012)
Judge
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)
EMA vs. JBA
(January 30, 2012)
Judge
Nancy L. Butts
Custody:
Appeal of emergency custody order; notice of hearing time change.
(Alexander013012bt)
(Posted: Jan 31, 2012)
Commonwealth vs. Crain
(January 27, 2012)
Judge
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)
In the interest of KR
(January 25, 2012)
Judge
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)
Commonwealth vs. Ball
(January 25, 2012)
Judge
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)
Commonwealth vs. McClam
(January 24, 2012)
Judge
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; lack of incarceration.
(McClam012412bt)
(Posted: Jan 25, 2012)
Pennsylvania General Energy Company, LLC vs Watson Township Zoning Hearing Board
(January 24, 2012)
Judge
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)
Corbett vs. Supply Source
(January 23, 2012)
Judge
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)
Commonwealth vs. Huff
(January 20, 2012)
Judge
Kenneth D. Brown
Criminal:
Post sentence motion; sufficiency and weight of evidence; counterfeit money order; claimed lack of knowledge.
(detwiler012012br)
(Posted: Jan 20, 2012)
Hess, Rider & Eline vs. Jordan & Reed
(January 18, 2012)
Judge
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)
Dieffenbach vs. Trevouledes
(January 18, 2012)
Judge
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)
Commonwealth vs. Betts
(January 18, 2012)
Judge
Richard A. Gray
Criminal:
Appeal.
(betts011812g)
(Posted: Jan 18, 2012)
MS vs. TS
(January 17, 2012)
Judge
Joy Reynolds McCoy
Divorce:
Appeal.
(ms11712m)
(Posted: Jan 23, 2012)
Commonwealth vs. Patterson
(January 17, 2012)
Judge
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)
Commonwealth vs. Nottingham
(January 13, 2012)
Judge
Nancy L. Butts
Criminal:
Suppression motion; accident involving intoxicated driver; investigatory questioning; lack of Miranda warnings; custodial questioning.
(Nottingham011312bt)
(Posted: Jan 14, 2012)
Commonwealth vs. Taylor
(January 12, 2012)
Judge
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)
Commonwealth vs. Johnson
(January 12, 2012)
Judge
Nancy L. Butts
Criminal:
Post conviction relief act petition; multiple filings; timeliness; lack of due diligence.
(Johnson011212bt)
(Posted: Jan 12, 2012)
Commonwealth vs. Cupp
(January 12, 2012)
Judge
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)
Dieffenbach vs. Trevouledes
(January 12, 2012)
Judge
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)
Wells Fargo Financial Pennsylvania, Inc. vs. Mendler
(January 11, 2012)
Judge
Dudley N. Anderson
Civil:
Preliminary objections to new matter and counterclaim; foreclosure case; counterclaim alleging "predatory lending techniques"; authority to counterclaim for damages in an in rem action; existence of "predatory lending" as a separate cause of action; lack of specificity in pleading..
(wellsfargomendler011112a)
(Posted: Jan 12, 2012)
Commonwealth vs. Downs
(January 10, 2012)
Judge
Nancy L. Butts
Criminal:
Reconsideration of rule 600 motion to dismiss; excludable time; time motion pending before the court.
(Downs011012bt)
(Posted: Jan 10, 2012)