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.
search. Search opinion text using Google's search engine:
Key Word Search. Enter key words or information about an opinion, using the form below:
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)
Criminal:
Habeas corpus motion; sufficiency of evidence of possession with intent to deliver where there is evidence of different schedules and types of narcotics, a large amount of currency and a digital scale in the searched home; determination of credibility of defense explanation for the cash; suppression motion; forced consent on a parolee; reasonable suspicion to support search of parolee's residence based on claimed association with claimed known drug dealer at another property
(Morgret120318L)
(Posted: December 3rd 2018)
Criminal:
Discovery motion; habeas corpus petition; grading of offense of attempted interference with custody; need for contact or communication with child
(Allen112718L)
(Posted: November 27th 2018)
Civil:
Post trial motions; boundary dispute; coordinate jurisdiction rule; disqualification of witness hired for purposes of settlement negotiations; issue preserved for appeal
(Shipman112018LI)
(Posted: November 26th 2018)
Civil:
Motion for judgment on the pleadings; land title dispute; incapacity of person granting power of attorney; sufficiency of pleading
(Koutroulelis111618Li)
(Posted: November 26th 2018)
Civil:
Motion to extend deadline to file certificate of merit; reasonable explanation for delay; failure of initially contacted expert to provide favorable evidence; conduct of counsel in permitting the witness to dawdle
(Moore111618Li)
(Posted: November 21st 2018)
Family:
Recusal motion; appearance of prejudice due to judge's previous position as district attorney; lack of personal involvement in prosecution of cases against defendant; evidence of actual bias
(nihart111618Li)
(Posted: November 21st 2018)
Civil:
Preliminary objections; credit card debt collection; sufficiency of the complaint; specific details of special damages; failure to attach documents; sufficiency of verification by counsel
(Cavalry111629Li)
(Posted: November 21st 2018)
Criminal:
Commonwealth's motion for reconsideration of denial of SVP hearing; lack of constitutional SVP designation mechanism
(webb112018L)
(Posted: November 20th 2018)
Criminal:
Motion to vacate order for sexually violent predator hearing; lack of a constitutional SVP designation mechanism
(swank112018L)
(Posted: November 20th 2018)
Criminal:
Reconsideration of sentence; deadly weapon possessed enhancement; sentence within standard guidelines; previous breaks as an opportunity to become a law abiding citizen; need to protect the public
(hall112018L)
(Posted: November 20th 2018)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of guilt of possession of contraband and tampering with evidence; flushing blue packets down toilet while in custody of officers, being searched
(Cradle111318BT)
(Posted: November 13th 2018)
Criminal:
Warrantless search of home; exigent circumstances; police-created exigencies; probable cause for warrant
(Chism110818BT)
(Posted: November 9th 2018)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson110818BT)
(Posted: November 9th 2018)
Criminal:
Post conviction relief act petition; eligibility for RRRI
(Gillison110818BT)
(Posted: November 9th 2018)
Administrative Appeal:
Expulsion appeal; request for de novo hearing; defects on the face of the record; waiver of issues not preserved in the record; proper notice of informal hearing prior to suspension; alternate means of delivering notice where written notice impractical; adequacy of telephone notice in case of threats of school shooting
(barnhart110518Li)
(Posted: November 9th 2018)
Criminal:
motion to preclude sexually violent predator hearing; constitutionality of designation mechanism; burden of proof
(Vassallo110818L)
(Posted: November 8th 2018)
Criminal:
Appeal; mistrial declaration; manifest necessity; intimidating conduct by defendant's girlfriend toward jurors
(Kennedy110818L)
(Posted: November 8th 2018)
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application; mootness
(Hoffman110718L)
(Posted: November 7th 2018)
Criminal:
Post conviction relief act petition; SORNA registration requirement issue; ex post facto law; timeliness; new constitutional right exception; retroactive application; waiver; mootness
(Packer110718L)
(Posted: November 7th 2018)
Criminal:
Post conviction relief act petition; registration requirements under SORNA; offense occurring after passage of new act
(Pabone110718L)
(Posted: November 7th 2018)
Criminal:
Suppression motion; validity of anticipatory search warrant; probable cause at time of application for search warrant that triggering event would occur; failure to field test suspected drugs; history of previous controlled buys; staleness; claimed overbroad description
(Lattie110618BT)
(Posted: November 6th 2018)
Criminal:
Habeas corpus motion; sufficiency of evidence of aggravated assault by vehicle; vehicle in wrong lane without any apparent reason
(rhinehart110218L)
(Posted: November 6th 2018)
Criminal:
Habeas corpus petition; sufficiency of evidence of criminal use of a communication facility; identity of defendant as person on telephone based on identification testimony of trooper who heard voice on telephone
(Williams110518BT)
(Posted: November 6th 2018)
Criminal:
Suppression motion; reasonable suspicion for investigatory detention; totality of the circumstances
(McCloe110218BT)
(Posted: November 2nd 2018)
Criminal:
Post conviction relief act petition; knowing, voluntary, and intelligent guilty plea; timeliness; retroactive application of decisions regarding constitutionality of SORNA
(Swinn110218BT)
(Posted: November 2nd 2018)
Criminal:
Commonwealth's motion for reconsideration; suppression motion; investigatory detention or mere encounter; dependence on words used by officer; restraint by a show of coercive authority; reasonable impression conveyed to person being stopped; incriminating questioning
( taylor11022018L)
(Posted: November 2nd 2018)
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
(AdoptionofZWB103118m)
(Posted: November 1st 2018)
Criminal:
Appeal; sentencing discretion; revocation of probation sentence on conviction of new offense; factors considered by the court; abysmal history on supervision
(valencia102918L)
(Posted: November 1st 2018)
Criminal:
Appeal
(fields102618g)
(Posted: November 1st 2018)
Criminal:
Appeal of juvenile adjudication; sufficiency of evidence of disorderly conduct; conduct including pushing a teacher and refusing to obey commands to return to her seat
(InReDM103018m)
(Posted: November 1st 2018)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; entitlement to credit for time served
(smith09282018)
(Posted: October 30th 2018)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
