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:
Appeal; post conviction relief act petition; jurisdiction of the court; timeliness of petition; claim respecting discretionary aspects of sentencing;
(Showers042219L)
(Posted: May 4th 2019)
Criminal:
Commonwealth appeal of dismissal of charge as de minimis; extenuations involving theft of items under state of panic due to inability to care for children placed in her custody
(Burrows042219L)
(Posted: May 4th 2019)
Criminal:
Suppression motion; probable cause for an arrest for probation violation where defendant admits to violation
(Anspach041119BT)
(Posted: May 4th 2019)
Criminal:
Post conviction relief act petition; request to make RRRI eligible where defendant is not eligible; knowing, intelligent, voluntary, and understanding guilty plea
(Taylor041719BT)
(Posted: May 4th 2019)
Criminal:
Post-conviction relief act petition; ineffective counsel; merger of offenses; crimes which are "greater and lesser included offenses" of one another; one offense that has an element the other does not; failure to hire psychiatrist to testify as to defendant's incompetence prior to his plea; voluntariness of plea; failure to hire expert witnesses to explain police training techniques and defendant's mental state at the time of the incident; relevance of testimony; relevance of evidence of defendant's lack of maturity
(Walls050119BT)
(Posted: May 2nd 2019)
Criminal:
Amended opinion; reconsideration motion; video of interaction with officer; material differences with officer's testimony
(barnes050219L)
(Posted: May 2nd 2019)
Criminal:
Motion to dismiss for rule 600 violation; excludable time; concurrence with Commonwealth continuance motion
(Murray042919L)
(Posted: May 1st 2019)
Criminal:
Suppression motion; vehicle stop; claimed momentary and minor traffic violation; habeas corpus petition; possession of contraband located in vehicle; totality of circumstances
(Harris042919L)
(Posted: May 1st 2019)
Criminal:
Motion for rule 600 nominal bail; continuance requests by defendant's counsel imputed to defendant
(Breeland042619L)
(Posted: May 1st 2019)
Criminal:
Motion to remand to juvenile court; knowing, intelligent, and voluntary waiver of his certification hearing; probable cause for vehicle stop; signalling violation
(Davis042519BT)
(Posted: May 1st 2019)
Criminal:
Motion for reconsideration of court's decision not to hold a Sexually Violent Predator determination hearing; punitive effect of statute; consideration of relevant factors; burden of proof to disprove status; adherence to doctrine of stare decisis
(webb041519L)
(Posted: April 19th 2019)
Williams vs. Bitler, Williams, Lycoming Supply, Inc., Kamatoma East, LTD., & Lycoming Construction Services, LLC.
4.17.2019
Eric R. Linhardt
Civil:
Preliminary objections; breach of fiduciary duty claim; will interpretation; standing to file claim; derivative action by trust beneficiary; action for aiding and abetting breach of fiduciary duty; civil conspiracy
(Williams041719Li)
(Posted: April 17th 2019)
Civil:
Summary judgment motion; municipal immunity; dangerous condition of sidewalk; jury questions; notice of defect; constructive notice; causation
(buckley032519L)
(Posted: April 16th 2019)
Criminal:
Reconsideration motion; video of interaction with officer; material differences with officer's testimony
(Barnes041119L)
(Posted: April 12th 2019)
Criminal:
Appeal; reasonableness of sentence; sentencing factors; failure to address his substance abuse issues; severity of conduct; danger to public
(grossnickle032519L)
(Posted: April 12th 2019)
Civil:
Suppression motion; knowing, intelligent and voluntary waiver of Miranda rights; impairment by drugs and mental health issues; evidentiary support for claims; totally of circumstances; evaluation of appearance of defendant in video
(Hines041119L)
(Posted: April 12th 2019)
Wills and Estates:
Petition to compel; interpretation of trust agreement; coordinate jurisdiction rule
(Guffy032619Li)
(Posted: April 12th 2019)
Criminal:
Appeal; vague statement of errors complained of on appeal; sufficiency of evidence of delivery of fentanyl to confidential informant
(lopez040419L)
(Posted: April 11th 2019)
Criminal:
Commonwealth appeal; determination of sexually violent predator status; constitutionality of statute; punitive effect of SORNA; ex post facto law; burden of proof
(vassallo040419L)
(Posted: April 11th 2019)
Criminal:
Suppression motion; probable cause to search home; four corners of the affidavit; uncorroborated hearsay; right to disclosure of identity of confidential informant
(carter040319L)
(Posted: April 3rd 2019)
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of the offense and character of defendant; failure of rehabilitative efforts
(Walters040319L)
(Posted: April 3rd 2019)
Criminal:
Appeal; sentencing discretion; consideration of particular circumstances of offense and character of defendant; volume discounts for crimes
(Hall040319L)
(Posted: April 3rd 2019)
Criminal:
Suppression motion; voluntariness of blood draw based on consent form; reasonable suspicion of a traffic violation; vehicle weaving back and forth within lane and drifting left on slight turns
(Garman032819BT)
(Posted: March 28th 2019)
Criminal:
Post-sentence motions; reasonableness of sentence; convictions of multiple sex offenses against children; repeat offender; remorse; incorrect grading of an offence; sufficiency of evidence; requirements for indecent contact; evidence of penetration
(Castro032619L)
(Posted: March 26th 2019)
Criminal:
Appeal; claimed unreasonable and excessive sentence; revocation of probation and imposition of prison sentence; duty of court to follow sentencing recommendation of probation office; violation of conditions of parole; refusal to follow treatment drug recommendations
(Villanueva031419L)
(Posted: March 26th 2019)
Administrative Appeal:
Petition to set aside tax sale; failure to pay taxes or set up payment plan before tax upset sale
(Allen032219Li)
(Posted: March 26th 2019)
Criminal:
Motion to dismiss for violation of compulsory joinder statute; charges based on same criminal conduct or arising from same criminal episode; common issues of law or fact; dependence on same evidence
(grossnickle032519L)
(Posted: March 26th 2019)
Criminal:
Motion to withdraw guilty plea; discretion of the court; fair and just reason; prejudice
(Lowmiller031419L)
(Posted: March 20th 2019)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to introduce victim's medical records or medical expert testimony; failure to demonstrate merit of issue; prejudice; failure to introduce evidence of lack of photo array identification; basis to object to DNA evidence; claimed prosecutorial misconduct; failure to call adverse witnesses; failure of counsel to request charge on accomplice as corrupt an polluted source; failure to preserve issues on appeal where appeal court addressed the merits of the issues
(kinney031419L)
(Posted: March 18th 2019)
Stetts vs. HCR Manorcare, LLC and Manor Care of Williamsport Pa. (North), LLC
3.15.2019
Eric R. Linhardt
Civil:
Preliminary objections; authority of wife to waive husband's right to a file suit; alleged profit maximization as impertinent or scandalous matter; negligence per se for violation of statute relating to neglect of care-dependent person; specificity of allegations; viability of claim of breach of fiduciary duty between a nursing home and its patient; special relationship; punitive damages; intentional widespread understaffing
(Stetts031519Li)
(Posted: March 16th 2019)
Civil:
Reconsideration motion; exclusion of witness testimony for failure to comply with discovery order; counsel's inability to provide specifics as to the witnesses' anticipated testimony; failure to articulate reason for ignoring discovery deadlines
(Barto031519Li)
(Posted: March 16th 2019)
Civil:
Quiet title action; adverse possession of rights-of-way; intention to abandon, accompanied by external acts by which the intention is carried out; sufficiency of nonuse alone
(Swift031519Li)
(Posted: March 16th 2019)
Criminal:
Post-conviction relief act petition; jurisdiction of the court; Muntz; retroactive rights exception
(Satterfield031419BT)
(Posted: March 16th 2019)
Criminal:
Post sentence motion; unreasonable and excessive sentence; standard range; sentence consecutive to sentence inmate already serving; seriousness of offense; weight of the evidence; believability of witnesses over self serving statements of defendant
(Gallashaw031419BT)
(Posted: March 16th 2019)
Criminal:
Motion to dismiss for rule 600 violation; time computation; delays attributable to Commonwealth
(Steadley031419BT)
(Posted: March 16th 2019)
Criminal:
Habeas corpus petition; prima facie case for possession of contraband; constructive possession; suppression motion; reasonable suspicion of a traffic violation to stop vehicle; marijuana odor emitted from vehicle; turn signal violation
(Walker030819BT)
(Posted: March 9th 2019)
Criminal:
Tender years motion; admissibility of out-of-court statement by a child victim; sufficient indicia of reliability of child's statement; defendant's confrontation rights; testimonial nature of child's statements; statements made in connection with medical treatment
(mcbryan030719L)
(Posted: March 7th 2019)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to object to hearing impaired juror; factual support for claim
(Williams030519BT)
(Posted: March 7th 2019)
Custody, Adoption:
Preliminary objections to custody claim; Uniform Child Custody Jurisdiction Act; child transported to another state after birth without consent of father; notice to father of foreign court action; heroic efforts by bather to gain access to and custody of child; determination of home state of child
(EGW030619m)
(Posted: March 6th 2019)
Criminal:
Suppression motion; reasonable suspicion for traffic stop for non-operating tail lights
(Shields022019BT)
(Posted: February 20th 2019)
Criminal:
Suppression motion; reasonable suspicion to make traffic stop; vehicle code violation for rolling top at stop sign
(Loyal021919BT)
(Posted: February 20th 2019)
Adoption:
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; failure to exercise agreed custody rights; incarceration; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofTAM021319m)
(Posted: February 13th 2019)
Adoption:
Appeal
(AdoptionofJWBandRDB021119m)
(Posted: February 13th 2019)
Civil:
Preliminary objections; insufficiency of facts to prove breach of a fiduciary duty; comparative negligence pleaded as a cause of action; claim for attorney fees for dilatory, obdurate or vexatious conduct
(Figured021219Li)
(Posted: February 12th 2019)
Civil:
Summary judgment motion; inmate procedures for sending money between inmates; exhaustion of administrative remedies; compliance with rules for transferring money
(Cook021219Li)
(Posted: February 12th 2019)
Civil:
Non-jury trial; landlord-tenant dispute; late payment of rent; adequacy of notice; breach of the agreement ; applicability of pay-and-stay; right to possession
(House021219Li)
(Posted: February 12th 2019)
Civil:
Preliminary objections and motion to strike or open judgment; timeliness of motion; merits of excuse; filing of preliminary objections after the judgment was taken, before the motion to open was filed; claimed non-receipt of notices of default where evidence showed that they were mailed
(Eurooptics020819Li)
(Posted: February 12th 2019)
Adoption:
Appeal; denial of voluntary relinquishment request after evidence presented at involuntary termination hearing; court discretion
(InreMKDK021219Li)
(Posted: February 12th 2019)
Criminal:
Suppression motion; reasonable suspicion for traffic stop; observed violations; probable cause for arrest with admission to having Suboxone in vehicle; search incident to arrest; joint constructive possession
(Johnson021219BT)
(Posted: February 12th 2019)
Criminal:
Habeas corpus petition; prima facie case of possession with intent to deliver; evidence of large amount of cash, presence of weapons and marijuana in multiple locations with large vacuum sealed bag containing smaller individual bags; suppression motion; home search; protective sweep to secure scene after probable cause established; seizure of firearms and currency not specifically identified in search warrant; notice of items to be seized
(Whaley021119BT)
(Posted: February 11th 2019)
Criminal:
Motion to permit testimony by contemporaneous alternative method; child rape case; evidence of severe emotional distress significantly impairing the victim's ability to communicate
(Ross021119L)
(Posted: February 11th 2019)
Criminal:
Post-sentence motion; weight of the evidence; circumstantial evidence that a simple assault occurred and that defendant committed it
(Hunter010719L)
(Posted: February 7th 2019)
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; failure to exercise court awarded custody rights; ability to contact child and lack of obstacles imposed by custodial parent; no existing bond
(AdoptionofJDSandJMS013119m)
(Posted: February 4th 2019)
Civil:
Consolidation motion; identical facts; need to reopen discovery; preliminary objection to easement by necessity claim; pleading missing essential element; leave to amend
(Barto011819Li)
(Posted: January 25th 2019)
Civil:
Habeas corpus petition; prima facie case of disorderly conduct; resisting arrest and obstruction of justice; minor scuffle with police officer; verbal interference with police officer's arrest of third party
(Brown012319BT)
(Posted: January 24th 2019)
Civil:
Preliminary objections; specificity of complaint; general allegation of agency without tethering facts to specific people; ambiguities associated with language of "including but not limited to"; sufficiency of facts to claim punitive damages
(Shaheen012219Li)
(Posted: January 22nd 2019)
Criminal:
Motion to dismiss; issue concerning sufficiency of prima facie case where defendant waives preliminary hearing; validity of warrant for blood alcohol test where defendant not arrested for DUI
(sanders011519L)
(Posted: January 22nd 2019)
Adoption:
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; incarceration of a parent; agency services; failure of parent to appear at hearing; no existing bond
(MKDK010819Li.)
(Posted: January 19th 2019)
Criminal:
Post conviction relief act petition; claimed ineffective counsel; duty of counsel to discuss with defendant the extent of his exposure to more serious charges, if he doesn't plead guilty; proper remedy for ineffectiveness
(sears011719L)
(Posted: January 17th 2019)
Criminal:
Motion to dismiss; de minimus charge; extenuations due to poverty, disability and mental health; prosecution for theft of items for children
(burrows011619L)
(Posted: January 16th 2019)
DiMaio vs. Huggler, Dreher, Maxwell-Rankin; Williamsport Regional Medical Center; Susquehanna Health, Susquehanna Health Medical Group and Susquehanna Health OB/GYN
1.14.2019
Eric R. Linhardt
Civil:
Motions in limine; overlapping expert testimony; corroborative and not cumulative testimony; motions rendered moot by agreement to limit testimony
(Dimaio011419Li)
(Posted: January 15th 2019)
Civil:
Preliminary objections; Whistleblower Protection Lawl; definition of a public body; factual specificity
(pepper011419Li)
(Posted: January 15th 2019)
Criminal:
Motion to dismiss; reinstatement of nol prossed charges; double jeopardy; defendant's satisfaction of obligations under stipulation; statute of limitations
(Entz01119BT)
(Posted: January 15th 2019)
Criminal:
Suppression motion legality of pat-down search; plain feel doctrine; testimony at odds with MVR video
(Spurell11019BT)
(Posted: January 12th 2019)
Criminal:
Post conviction relief act petition; legality of sentence for felony criminal mischief; waiver of claims; revocation of probation sentence before defendant begins to serve it; claimed double jeopardy violation where defendant is resentenced for violation of condition of supervision; jurisdiction of court to revise sentence more than 30 days after it was entered where condition of probation was violated
(Hammaker011119L)
(Posted: January 12th 2019)
Criminal:
Petition for habeas corpus ad subjiciendum; jurisdiction of the court; legality of continued incarceration; aggregation of consecutive sentences; request to proceed in forma pauperis where action is in the nature of a civil action; frivolous claim
(McDaniel011119L)
(Posted: January 12th 2019)
Keta Gas & Oil Company vs. Proctor, Rice, Mandell, Thacher, Joslin, Massachusetts General Hospital, and Brinker Hunting Club
10.22.2018
Eric R. Linhardt
Civil:
Motion for summary judgment; ownership of sub-surface property rights; failure to inform the county commissioners of a severance of subsurface rights; rights extinguished in tax sale; invitation to rely on speculation of notification of county commissioners; motion to strike judgment; coordinate jurisdiction rule; mootness
(keta102218Li)
(Posted: January 10th 2019)
Keta Gas & Oil Company vs. Proctor, Rice, Mandell, Thacher, Joslin, Massachusetts General Hospital, and Brinker Hunting Club
1.8.2019
Eric R. Linhardt
Civil:
Appeal
(ket010819L)
(Posted: January 9th 2019)
Criminal:
Motion to preclude SVP hearing; constitutionality of designation mechanism that was unchanged in new statute; court's obligation to follow Supreme Court decisions; fact-finding requirement not rooted in historic jury function; US Supreme Court decision as impacting decision under Pennsylvania constitution; illusory changes to statute
(vassallo010419L)
(Posted: January 4th 2019)
Criminal:
Appeal; resentencing on probation violation; discretion to impose consecutive sentences; failure of defendant to cooperate with programs and treatments ordered by court; application of sentencing guidelines to a probation violation sentence; consideration of required factors of sentence imposition
(Doss010319)
(Posted: January 3rd 2019)
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent plea; buyer's remorse relating to plea deal; authority of court to impose a lesser period of sexual offender registration for tier III offences
(Askey010319L)
(Posted: January 3rd 2019)
Criminal:
Appeal; waiver of all claims and defenses with no contest plea; defendant's acknowledgment of consequences of plea, at hearing and in writing
(Pittenger010319L)
(Posted: January 3rd 2019)
Criminal:
Suppression motion; reasonable suspicion for motor vehicle stop; standing of passenger to object to driver's consent to search vehicle; probable cause for arrest for ungraded felony
(Thomas123118BT)
(Posted: January 2nd 2019)
Criminal:
Suppression motion; detention of defendant to attempt to obtain his address for service of document related to prior arrest; fleeing an officer where there is no probable cause for an arrest or detention
(Hendrix123118BT)
(Posted: January 2nd 2019)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; illegal window tint; probable cause for vehicle search upon smelling the odor of burnt marijuana
(West123118BT)
(Posted: January 2nd 2019)
Criminal:
Post conviction relief act petition; knowing, voluntary and intelligent guilty plea; sufficient time to discuss plea agreement with counsel; appearance of the victim's family at the sentencing hearing as pressure to accept plea agreement; merits of "stand your ground" defense
(Boone123118L)
(Posted: December 31st 2018)
Criminal:
Post conviction relief act petition; registration of sexual offender requirements; comparability of Minnesota and Pennsylvania statutes; ex post facto law
(Dick123118L)
(Posted: December 31st 2018)
Criminal:
Suppression motion; warrantless search of home for suspected parole violation; reasonable suspicion of existence of contraband or other evidence of violations of conditions of supervision; parole agent acting as stalking horses of police or acting on their own initiative; reliability of information received of parole violation
(Reid123118)
(Posted: December 31st 2018)
Criminal:
Motion to compel more specific bill of particulars; narrow purpose of request; information about co-conspirator in murder, dates of alleged conspiracy and dates of homicide; substitute for discovery
(heck121818L)
(Posted: December 28th 2018)
Criminal:
Appeal
(chestnut122418L)
(Posted: December 28th 2018)
Civil:
Post-trial motion; lease renewal; implied covenant of quiet enjoyment; litigious efforts made in bad faith
(joiner122118Li)
(Posted: December 24th 2018)
Criminal:
Post-sentence motion; claimed discovery violation; lack of prejudice; inference of unfavorable testimony due to failure to call confidential informant; availability of witness; verdict against weight of evidence; claimed lack of credibility of trooper; sufficiency of evidence; claimed unreasonable and excessive sentence; determinations involved in sentencing
(Moy20181221L)
(Posted: December 22nd 2018)
Adoption:
Petition for involuntary termination of parental rights; requested continuance; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; claimed fear of prosecution under protection from abuse order; no existing bond
(AdoptionofOWandAW122018m)
(Posted: December 22nd 2018)
Criminal:
Suppression motion; probable cause to search residence; reliability of informant's information; totality of the circumstances; failure to give search warrant to defendant as cause for suppression; prejudice; severance of firearms charge due to prejudice;
(Choice121918BT)
(Posted: December 20th 2018)
Criminal:
Post conviction relief act petition; statutory limitation on modification of court orders
(Moyer122018L)
(Posted: December 20th 2018)
Criminal:
Post conviction relief act petition; attempt to withdraw plea after sentencing; knowing, intelligent, and voluntary guilty plea; reference to inapplicable, unconstitutional statutes
(Gehr121918L)
(Posted: December 19th 2018)
Criminal:
Suppression motion; search of backpack discarded during police chase; standing; voluntary abandonment
(ceruti121818L)
(Posted: December 19th 2018)
Administrative Appeal:
Zoning appeal; special exception for farm property to grow hops and grapes to process and sell beer and wine on and off site; decision based on substantial evidence; evidence that the proposal would generate adverse effects greater than that normally expected; speculative findings concerning noise levels
(smedley121718Li)
(Posted: December 18th 2018)
Criminal:
Motion to vacate SVP hearing order; unconstitutional applicability registration acts
(kelsig121818L)
(Posted: December 18th 2018)
Criminal:
Suppression motion; probable cause to stop vehicle; interpretation of turn signal statute; duty of operator of stopped vehicle
(sims121818L)
(Posted: December 18th 2018)
Criminal:
Appeal by Commonwealth of rule 600 dismissal; defendant failing to appear; proper notice of court hearing; due diligence; burden of Commonwealth to show excludable time; sufficiency of evidence of service of summons
(Kelce121318L)
(Posted: December 13th 2018)
Criminal:
Suppression motion; voluntariness of third-party consent
to search defendant's residence; totality of the circumstances
(Paulhamus121318BT)
(Posted: December 13th 2018)
Criminal:
Motion to vacate order for sexually violent predator hearing; tier I offender
(ultsh121318L)
(Posted: December 13th 2018)
Criminal:
Appeal; claimed excessive sentence; waiver of issues not preserved in a post-sentence motion; revocation of probationary sentence for committing new crimes and absconding from supervision; failure to use opportunities for rehabilitation; likelihood of new crimes being committed
(eck120718L)
(Posted: December 12th 2018)
Criminal:
Suppression motion; search of parolee's residence by parole officers; reasonable suspicion of parole condition violation; voluntariness of consent to search; habeas corpus petition; constructive possession of drugs; totality of the circumstances; consciousness of guilt
(martinez120718L)
(Posted: December 12th 2018)
Commonwealth v. Crawford; Commonwealth v. Richardson; Commonwealth v. Shank
12.12.2018
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; constructive possession; involvement in conspiracy; Circumstantial evidence; involvement in drug ring; suppression motion; sufficiency of affidavit of probable cause for search warrant; field testing; risk of fentanyl exposure; privacy interest to object to search of backpack; motion to sever; joint trial when criminal conspiracy is charged; speculation of prejudice; motion to quash; mistyped count
(Crawford121218BT)
(Posted: December 12th 2018)
Criminal:
Suppression motion; reasonable suspicion or probable cause to conduct traffic stop; credibility of police officer testimony of traffic violation
(smith121118L)
(Posted: December 11th 2018)
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea; inclusion of juvenile record in prior record score
(Alford121018BT)
(Posted: December 10th 2018)
Criminal:
Post conviction relief act petition; failure to account for time released on bail wearing electronic monitoring; knowing, intelligent and voluntary plea; waiver of rights; counsel acting in defendant's best interests by discussing conversation with defendant, in open court
(stine120518L)
(Posted: December 7th 2018)
Adoption:
Petition for involuntary termination of parental rights; non-appearance of defendant; requested continuance; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; no existing bond
(AdoptionofSEJ120618m)
(Posted: December 7th 2018)
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