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:
Criminal:
Motion to reconsider summary dismissal of untimely motion to dismiss; late discovery responses; availability of facts in support of the motion, without additional discovery material
(williams062518L)
(Posted: July 9th 2018)
Criminal:
Nunc pro tunc suppression motion; vehicle stop; DUI arrest; voluntariness of blood draw; credibility of testimony
(Willits062718L)
(Posted: July 9th 2018)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
7.9.2018
Dudley N. Anderson
Civil:
Preliminary objections to counterclaim; quiet title action; Guaranteed Minimum Royalty Act; objections to claims involving other parties
(southwesternpo's121812a)
(Posted: July 9th 2018)
Criminal:
Suppression motion; hit and run accident; seizure of vehicle in parking lot of apartment building; reasonable expectation of privacy; independent source doctrine; inevitable discovery; independent source doctrine
(Cranmer062818bt)
(Posted: June 28th 2018)
Civil:
Non-jury trial; boundary line dispute; order of precedence in methods used to determining boundaries; comparing expert opinions; doctrine of consentable line; acquiescence; parties recognizing and acquiescing in poster line as defining boundary between two properties; failure to object constituting acquiescence
(Goodwill061318Li)
(Posted: June 13th 2018)
Family:
Appeal; timeliness; failure to timely file and serve concise statement; waiver of issues for appeal
(dad061218m)
(Posted: June 12th 2018)
Criminal:
License suspension appeal; commercial motor vehicle licensed driver; incorrect warning for revocation of operating privileges or the disqualification of commercial driving privileges; knowing or intelligent waiver; suspension of an operating privilege under Pennsylvania Implied Consent Law; reasonable grounds to believe driver was operating vehicle while under the influence of a controlled substance
(rhinehart061118bt)
(Posted: June 11th 2018)
Criminal:
Suppression motion; timeliness; interests of justice; knowledge of facts that support motion within required time; merits not apparent; reasonable suspicion for pat down search
(Sturgis061118L)
(Posted: June 11th 2018)
Criminal:
Contest of restitution order; burden of proof; failure to present witnesses at hearing
(martz061118L)
(Posted: June 11th 2018)
Adoption:
Agency petition for termination of parental rights; settled purpose to relinquish parental claim to a child or fails to perform parental duties for at least six months prior to the filing of the termination petition; incarcerated parent; merely passive interest in the development of ones children; incarceration as incapacity which has caused the children to be without essential parental care, control or subsistence necessary for their physical or mental well-being; bond existing between the child and parent; effect of parent's own feelings of love and affection for child
(DD061118Li)
(Posted: June 11th 2018)
Criminal:
Motion to compel comprehensive response to bill of particulars; claimed woefully inadequate response; purpose of a bill of particulars; request for Commonwealth to divulge each element of charges; discovery request aimed at the Commonwealth's evidence and theory of the case
(Rawles060818bt)
(Posted: June 8th 2018)
Criminal:
Commonwealth's motion in limine; sufficiency of self-defense/justification proffer; facing clear and imminent harm; legal alternative to use of force; duty to retreat while in illegal possession of a firearm
(Applegate060718L)
(Posted: June 7th 2018)
Criminal:
Suppression motion; defendant not advised by police officer of constitutional right to refuse a blood draw unless a warrant was first obtained or that he could speak to counsel; knowing, intelligent or voluntary consent to blood draw; totality of circumstances
(Haines060718)
(Posted: June 7th 2018)
Criminal:
Appeal; sufficiency of evidence of involuntary deviate sexual intercourse; forcible compulsion; evidence viewed in light most favorable to Commonwealth; lack of transcript to review evidence
(Steele060718bt)
(Posted: June 7th 2018)
Criminal:
Motion to vacate order sexually violent predator hearing; constitutionality of new two-track registration program; punitive effect; exemption to registration process that is largely fanciful with changes being illusory at best; determination by a factfinder via a beyond the reasonable doubt standard
(Carpenter060418L)
(Posted: June 4th 2018)
Criminal:
Commonwealth appeal; remand to supplement the record due to Commonwealth's failure to timely file a rule 1925(b) statement
(InReJZ060418m)
(Posted: June 4th 2018)
Administrative Appeal:
Appeal of local agency determination; claim for back pay and benefits; due process requirements; issues addressed during pre-deprivation (Loudermill) hearing; effect of notice of dismissal coming from administrator, rather than school board; sufficiency of the detail in notice of termination; procedural due process requirements
(Smith060118Li)
(Posted: June 1st 2018)
Criminal:
Commonwealth appeal; reasonable efforts to serve arrest warrant; conclusory statement by police officer that officers attempted to serve warrant outside territorial limits of their primary jurisdiction; basis of knowledge
(Adkins060118L)
(Posted: June 1st 2018)
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; child has been removed from the care of the parent by the court; failure to utilize all resources available to imprisoned father; no relationship between the child and father
(AdoptionofRL053118m)
(Posted: May 31st 2018)
Criminal:
Appeal
(Schaeffer053018L)
(Posted: May 30th 2018)
Civil:
Petition to strike or open judgment to quiet title to the subsurface rights; service by publication; the lack of indispensable party; subject matter jurisdiction; sufficiency of petition
(LaurelHill053018Li)
(Posted: May 30th 2018)
Criminal:
Post conviction relief act petition; allegedly prejudicial remarks made by juror; credibility of testimony of witness to statement
(Harvey052918bt)
(Posted: May 29th 2018)
Heim vs. Hope Enterprises Foundation Incorporated and/or Hope Enterprise, Inc. and/or Hope Corporation and/or Ryan Benis
5.24.2018
Eric R. Linhardt
Civil:
Motion in limine; expert testimony; speculation; expert's use of hearsay, inadmissible statements; testimony about speculative explanations for patterns of behavior; testimony of an expert on subjects that do not require specialized knowledge is beyond that possessed by the average layperson; statement meant to inflame the jury; prejudice; expert opinion that defendant was "negligent or reckless"
(Heim052418Li)
(Posted: May 24th 2018)
Heim vs. Hope Enterprises Foundation Incorporated and/or Hope Enterprise, Inc. and/or Hope Corporation and/or Ryan Benis
5.24.2018
Eric R. Linhardt
Civil:
Motion in limine; expert testimony; qualifications of expert to testify about standard of care; lack of experience in management or supervision of group home
(Heim052418Li2)
(Posted: May 24th 2018)
Heim vs. Hope Enterprises Foundation Incorporated and/or Hope Enterprise, Inc. and/or Hope Corporation and/or Ryan Benis
5.24.2018
Eric R. Linhardt
Civil:
Summary judgment motions; Mental Health Procedures Act and Mental Health and Mental Retardation Act of 1966 immunity; applicability to group home; showing of gross negligence or incompetence; issues for jury
(Heim052418Li3)
(Posted: May 24th 2018)
Criminal:
Suppression motion; question of whether an arrest occurred; probable cause for arrest; extendable baton as prohibited offensive weapon
(Long052518L)
(Posted: May 24th 2018)
Criminal:
Consolidation motion; judicial economy; common plan, scheme or design and to prove the identity of defendant as perpetrator; related deliveries of drugs; evidence capable of separation; prejudice; danger of cumulating evidence
(sims051818L)
(Posted: May 18th 2018)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Miller051618bt)
(Posted: May 16th 2018)
Criminal:
Suppression motion; protective sweep of home during execution of arrest warrant; specific facts to justify a reasonable fear for safety of arresting officer
(young051618L)
(Posted: May 16th 2018)
Criminal:
Severance motion; prosecution for multiple burglaries; prejudice or confusion; judicial economy
(bair051618L)
(Posted: May 16th 2018)
Civil:
Reconsideration of sentence; correctness of offense gravity score; Commonwealth's motion to amend sentence; failure to apply enhancement for possession of a deadly weapon
(Kellam051618L)
(Posted: May 16th 2018)
Criminal:
Post sentence motion; sexual offenses involving a child; sentencing factors including nature and circumstances of offenses, defendants history and characteristics, the court's observations, pre-sentence report, guidelines and other relevant information; lack of interest in rehabilitation; risk of re-offense; sentencing discretion; use of witness to authenticate statement made to another party; business record; use of unacknowledged statement for cross examination; evidence of reputation around children
(Shaffer051518L)
(Posted: May 15th 2018)
Criminal:
Reconsideration motion regarding rejection of plea agreement; DUI second offense; acceptance of ARD as prior offense; plea agreement binding the court; obligation of the court to follow the law and impose mandatory sentence even though no party objects to a lower sentence
(long051518L)
(Posted: May 15th 2018)
Criminal:
Habeas corpus petition; prima facie case of criminal use of a communication facility; constructive possession; totality of circumstances; authentication of text messages; suppression motion; manner of driving through high crime neighborhood; consented to encounter with police; cash discovered during pat down search that was not determined to be contraband
(Adrian5418bt)
(Posted: May 4th 2018)
Criminal:
Suppression motion; knowing and voluntary waiver of right to remain silent; conditions free of coercion; factors to determine voluntariness of consent for search
(Scott050418bt)
(Posted: May 4th 2018)
Criminal:
Suppression motion; search of residence; expectation of privacy in place searched
(jones050318L)
(Posted: May 3rd 2018)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; advising of appeal rights; factual determination
(Moore043018bt)
(Posted: April 30th 2018)
Criminal:
Post conviction relief act petition; ineffective counsel; failing to request a cautionary instruction for the use of visual aid during closing argument; issue litigated on direct appeal; cautionary instruction resulting in different outcome; prejudice
(Gardner42718bt)
(Posted: April 27th 2018)
Criminal:
Motion to preclude testimony at sentencing; voluntary manslaughter conviction; proof of other causes for accident; consideration of nature and circumstances of offense at sentencing; weight of evidence
(Mitchell042718L)
(Posted: April 27th 2018)
Criminal:
Post conviction relief act petition; ineffective counsel; coerced guilty plea; knowing, voluntary and intelligent plea
(Hamilton04242018bt)
(Posted: April 24th 2018)
Administrative Appeal:
Motion to dismiss administrative appeal; modification to job title; entitlement to a hearing; property right in a job modification; "reputation" as a protected personal interest
(smith042418Li)
(Posted: April 24th 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; no existing bond
(AdoptionofKWT42418m)
(Posted: April 24th 2018)
Civil:
Motion to preclude expert witnesses and for summary judgment; Frye standard; novel scientific evidence; generally accepted principles and methodology; weight of the expert opinion; expert qualifications; reasonable pretension to specialized knowledge on a subject
(erie042318Li)
(Posted: April 23rd 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; definition of parental duties; effect of termination on the child's needs and welfare; no existing bond.
(AdoptionofBR042018m)
(Posted: April 20th 2018)
Civil:
Non-jury trial; installment contract claim; Guaranteed Asset Protection addendum; reliance on policy exclusion; burden of to prove applicability of insurance exclusion; violation of the Unfair Trade Practices and Consumer Protection Law; evidence of fraudulent or deceptive conduct
(AmeriCredit041818LN)
(Posted: April 18th 2018)
Criminal:
Consolidation motion; multiple sales of heroin; similarity of cases so that they tend to show a common scheme; cases tend to establish identity of perpetrator; danger of confusion; possibility of prejudice and injustice; severance of person not to possess a firearm charges
(Sanders041718bt)
(Posted: April 17th 2018)
Criminal:
Suppression motion; vehicle stop; seizure of blood; search warrant; validity of consent; failure to advise of his constitutional right to counsel or right to remain silent when consent requested
(Turner041318bt)
(Posted: April 13th 2018)
Criminal:
Appeal; sufficiency of evidence of actual physical control of vehicle; mere presence in vehicle in state of_x000d_
intoxication; totality of circumstances
(noltee041118a)
(Posted: April 11th 2018)
Criminal:
Habeas corpus petition; timeliness; prima facie case; reliance on hearsay evidence alone; circumstantial evidence of a crime
(Jackson040618bt)
(Posted: April 6th 2018)
Criminal:
Appeal; waiver of right to final probation violation hearing where offense was admitted at preliminary hearing; resentencing to prison where there were numerous violations of probation and county-level efforts at rehabilitation had been exhausted
(stackhouse040518Bt)
(Posted: April 5th 2018)
Criminal:
Habeas corpus petition; prima facie case; evidence of possession of gun or drugs; constructive possession; totality of circumstances; circumstantial evidence
(Jones040518bt)
(Posted: April 5th 2018)
Criminal:
Post-conviction relief act petition; ineffective trial counsel; failure to call gun expert, where no issue to be addressed by expert was identified; evidence of defendant's reputation for truthfulness and as a law abiding person where no witnesses could be found; introducing prior consistent statement where credibility not challenged; failure to tell defendant he would testify at trial or to pursue specific lines of questioning; previously litigated issues; evidentiary hearing to determine factual disputes
(RIERA040518bt)
(Posted: April 5th 2018)
Criminal:
Discovery motion; victim's juvenile delinquency records; attacking credibility of victim; reasonable probability that discovery would lead to evidence that would exonerate defendant; information reported after juvenile proceedings concluded; defendant implicated in post-adjudication counselling session
(Matlosz040418L)
(Posted: April 4th 2018)
Criminal:
Rule 600 motion for release on nominal bail; excludable time
(Crippen032618bt)
(Posted: March 28th 2018)
Criminal:
Timeliness of suppression motion; interests of justice; significant delay without good reason; meritorious issues; privacy interest in vehicle; waiver of habeas corpus challenge to sufficiency of evidence by filing boilerplate motion
(Hall032818L)
(Posted: March 28th 2018)
Criminal:
Post conviction relief act petition; ineffective counsel; inconsistencies in witness's testimony; relevant cross examination; lack of prejudice
(Schenck032318L)
(Posted: March 25th 2018)
Civil:
Non-jury trial; right to exclusive possession of septic system; ejectment
(Forsburg032118g)
(Posted: March 21st 2018)
Criminal:
Second suppression motion; timeliness; waiver; interests of justice; fairness of delay in trial to victim; obviousness of the merits of the motion
(Castro032018L)
(Posted: March 20th 2018)
Criminal:
Motion for modification of sentence; unauthorized restitution order; responsibility for damage to property caused during execution of search warrant where no crimes charged due to the search
(Miller032018bt)
(Posted: March 20th 2018)
Criminal:
Habeas corpus petition; duty to provide veterinary care to pet dog; prima facie evidence; clear and unambiguous statutory language; criminal liability through an omission; failure to provide necessary veterinary care causing continued substantial pain
(Beiler031518L)
(Posted: March 15th 2018)
Civil:
Non-jury trial; contract case; sale of shares of stock under shareholder's agreement; credibility of witness; unjust enrichment; acquiescence in circumstances
(Bodine031417g)
(Posted: March 14th 2018)
Civil:
Non-jury trial verdict; credit card debt; credibility of dispute to amount owed.
(twigg030718Lh)
(Posted: March 8th 2018)
Criminal:
Post-conviction relief act petition; timeliness of petition; jurisdiction of the court; retroactive application of Supreme Court authority; timeliness of claim based on new case authority
(Styers030718L)
(Posted: March 7th 2018)
Criminal:
Motion in limine to preclude admissibility of compounds allegedly found in defendant's blood; required minimum levels of drug for prosecution for driving under the influence; statutory interpretation; drug for which Department of Health has not prescribed minimum levels; construction of the word "shall"
(schaeffer030718L)
(Posted: March 7th 2018)
Criminal:
Consolidation motion; evidence of each of the offenses admissible in separate trial for the other; common scheme or plan; prejudice; inability to distinguish one offense versus the other; risk of confusing the jury
(Brown030618L)
(Posted: March 6th 2018)
Criminal:
Suppression motion; search of a home; consent of owner of house; existence of landlord tenant relationship; expectation of privacy after property abandoned; rights of a trespasser
(Lawrence030618L)
(Posted: March 6th 2018)
Criminal:
Dismissal motion ; rule 600; due diligence to find defendant; NCIC searches; defendant who could not be apprehended du to unknown whereabouts; police testimony about typical procedures to serve warrant rather than about actual attempts
(Adkins030118L)
(Posted: March 5th 2018)
Criminal:
Motion for hearing on ex parte order; rule 586 settlement; attempt by Commonwealth to amend settlement amount after court approval of the settlement; applicability of restitution statute; calculation of victim's loss for purposes of rule 586 settlement
(popkin030518L)
(Posted: March 5th 2018)
Criminal:
Post conviction relief act petition; of ineffective assistance of counsel claim; failure to call specialist for sentencing hearing; ex post facto application of sentencing enhancement
(Haddix021318bt)
(Posted: March 1st 2018)
Criminal:
Suppression motion; late filing; prejudice to the Commonwealth; reasonable suspicion or probable cause to stop vehicle; erratic driving; reasonable suspicion for field sobriety tests; warrantless blood test; claimed use of deceit, misrepresentation, or coercion in obtaining consent for the blood draw and testing; discovery request of information equally accessible to the defense as it is the Commonwealth; violation of 2 hour rule
(Indivero030118bt)
(Posted: March 1st 2018)
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary waiver of preliminary hearing; ineffectiveness in connection with entry of guilty plea; buyer's remorse; challenge to guilty plea by asserting his lies under oath; knowing, intelligent and voluntary guilty plea
(Gehr022818L)
(Posted: February 28th 2018)
Criminal:
Nunc pro tunc suppression motion; timeliness; interests of justice; facts learned only after the disclosure of discovery; arguable merit of suppression issue
(willits022718L)
(Posted: February 27th 2018)
Criminal:
Post-conviction relief petition; eligibility for relief of party not currently serving a sentence; waiver of non-jurisdictional defects by way of guilty plea
(ford022618g)
(Posted: February 26th 2018)
Criminal:
Post conviction relief act petition; revocation of state intermediate punishment; timeliness; challenge to the legality of a sentence; jurisdiction of the court
(Whiteman020618bt)
(Posted: February 11th 2018)
Criminal:
Suppression motion; reasonable suspicion to perform field sobriety tests; totality of circumstances establishing DUI; consent to blood draw with revised form DL26B
(Wooten020618bt)
(Posted: February 11th 2018)
Criminal:
Post conviction relief act; SORNA conviction; timeliness of filing; sentence being served under constitutionally defective statute
(McHenry020818bt)
(Posted: February 9th 2018)
Criminal:
Appeal
(Hunter020818L)
(Posted: February 8th 2018)
Criminal:
Suppression motion; probable cause for vehicle stop; reasonable suspicion and a stated investigatory purpose for stopping vehicle; reasonable suspicion to perform field sobriety test with the smell of alcohol and report of a bar fight; validity of consent to blood draw
(Finzel020518bt)
(Posted: February 5th 2018)
Criminal:
Post conviction relief act petition; defendant no longer serving a sentence; eligibility for relief
(Geiger020518bt)
(Posted: February 5th 2018)
Criminal:
Commonwealth appeal; retroactive application of SORNA; applicability of binding appellate precedent; frivolous appeal
(Dishong020218L)
(Posted: February 3rd 2018)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; unlawfully induced guilty plea; knowing, voluntary, and intelligent guilty plea; eligibility for state intermediate punishment program for conviction for drug trafficking; challenge to the discretionary aspects of negotiated sentence
(Neidigh020118bt)
(Posted: February 1st 2018)
Criminal:
Post conviction relief act petition; claim of actual innocence; timeliness
(Miller020118bt)
(Posted: February 1st 2018)
Criminal:
Juvenile adjudication; aggravated assault charge; kick in anger to sensitive area of officer's body as showing attempt to cause bodily injury; disorderly conduct charge where no public disturbance is caused or risked; resisting arrest charge where defendant was not to be arrested, but where she fights off officers who were attempting to restrain her
(vms013118m)
(Posted: February 1st 2018)
Criminal:
Post conviction relief act petition; claimed ineffective assistance of counsel; unlawfully induced guilty plea; knowing, voluntary, and intelligent guilty plea; relief claimed under Alleyne where defendant not sentenced under mandatory minimum sentence statute; challenge to the discretionary aspects sentence; prejudice
(Boatman013118bt)
(Posted: February 1st 2018)
Criminal:
Motion to withdraw as counsel; financial eligibility for public defender; interests of justice in compelling public defender to represent a party; means to pay for necessary experts; lack of alternate counsel; waste of judicial time and resources
(Sailor01262018)
(Posted: January 29th 2018)
Criminal:
Commonwealth appeal of finding that SORNA violated constitutional ex post facto clauses
(Smith012918L)
(Posted: January 29th 2018)
Adoption:
Post-conviction relief act petition; ineffective counsel; failure to present exculpatory evidence at trial;_x000d_
probative value of GPS location evidence, where evidence at trial was obtained in a reasonable suspicion detention; suppression motion for material and intentional false statements in affidavit of probable cause; waiver of previously litigated issues; failure to call confidential informant to testify that defendant was not present for drug transaction
(Faison012917bt)
(Posted: January 29th 2018)
Criminal:
Suppression motion; probable cause for traffic stop; personal observation of traffic violation; failure to stop at second of confusing set of flashing red traffic signals
(Burkins012918bt)
(Posted: January 29th 2018)
Criminal:
Suppression motion relating to search of property left in hotel room; audio recording of interaction with police; wiretap act; abandonment.
(Coleman012318bt)
(Posted: January 27th 2018)
Custody:
Appeal; waiver by failure to file rule 1925 statement
(CSC012618g)
(Posted: January 26th 2018)
Custody:
Appeal; waiver by failure to file rule 1925 statement; interlocutory and non-appealable order; jurisdiction and venue of custody proceeding
(CSC0126182g)
(Posted: January 26th 2018)
Civil:
Non-jury trial; credibility of plaintiff; failure to prove negligence or injury; contributory negligence
(COOK012618g)
(Posted: January 26th 2018)
Criminal:
Reinstatement of appeal rights; constitutionality of obligation to register under SORNA; ex post facto law; jurisdiction of court to vacate conviction for violation of SORNA.
(Campbell011818bt)
(Posted: January 25th 2018)
Administrative Appeal:
Petition to set aside a tax sale; required notices; reasonable efforts to find taxpayer whenever certified mailing is unclaimed
(novak012517g)
(Posted: January 25th 2018)
Criminal:
Commonwealth appeal of decision to vacate conviction for violation of sexual offender registration requirements; constitutionality of obligation to register under SORNA; ex post facto law
(Person012418L)
(Posted: January 24th 2018)
Criminal:
Consolidation motion; participation in the same act or transaction; judicial economy; prejudice; defendants' conflicting versions
(lawrence011918L)
(Posted: January 19th 2018)
Criminal:
Suppression motion; scope of permissible search incident to arrest; validity of search of phone was not substantially contemporaneous with arrest; timing of search
(mccullough011918L)
(Posted: January 19th 2018)
Criminal:
Post conviction relief act petition; mootness; issues for a hearing; burden of proof
(heddings011918L)
(Posted: January 19th 2018)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child or failure to perform parental duties for at least six months; diligent efforts towards the reasonably prompt assumption of full parental responsibilities; question of whether a bond exists between child and parent.
(AdoptionofCWTJr011818m)
(Posted: January 19th 2018)
Criminal:
Appeal; vacation of order granting early release from supervision within 30 days of entry; circumstances requiring the court to continue supervision
(Hoover011118bt)
(Posted: January 11th 2018)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
