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; harsh and excessive sentence due to familial situation at time of escape; standard range; discretion of the court
(harris030413g)
(Posted: March 4th 2013)
Criminal:
Appeal
(young030413g)
(Posted: March 4th 2013)
Northern Forests II, Inc., vs. Keta Realty Company, Keta Gas and Oil Company, Keta Gas and Oil Corporation, Levin, and Manufacturers Light and Heat Company
2.8.2013
Dudley N. Anderson
Civil:
Petition to strike and/or open default judgment; mineral rights; service of quiet title complaint by publication; adequacy of the application for order allowing service by publication; need for a factual hearing on the actual efforts to effectuate service prior to applying for special order for service; applicability of laches defense to judgment entered without jurisdiction; equitable considerations; effect on bona fide purchasers
(northernforest020813a)
(Posted: March 2nd 2013)
Criminal:
Petition for writ of habeas corpus and for reduction of bail; sufficiency of the evidence of robbery and theft; accomplice or co-conspirator liability; criteria for bail reduction
(Williams022813L)
(Posted: February 28th 2013)
Criminal:
Post conviction relief act petition; ineffectiveness of counsel; inadequate explanation of procedure to coerce a non-jury case stated trial; reasonable basis for case stated trial; indication that result would have been different with a non-case stated trial
(Hines021213bt)
(Posted: February 26th 2013)
Criminal:
Appeal
(Brown022613bt)
(Posted: February 26th 2013)
Criminal:
Appeal; issues not raised in post conviction relief act petition; calculation of prior record score; reference to past acquittal during sentencing; use of misdemeanors in calculating prior record score; compliance with plea agreement
(Wyland022613bt)
(Posted: February 26th 2013)
Criminal:
Post conviction relief act petition; timeliness; exceptions to time requirements
(Jackson022613bt)
(Posted: February 26th 2013)
Criminal:
Post conviction relief act petition; denial of right to view evidence against defendant; guilty plea as waiver of defenses and defects; knowing, intelligent and voluntary guilty plea; guilty plea induced by ineffective counsel
(Burks022613bt)
(Posted: February 26th 2013)
Criminal:
Post conviction relief act petition; reinstatement of appeal rights nunc pro tunc; presumption of prejudice where appeal issues waived by failure to file adequate brief
(Showers022513L)
(Posted: February 25th 2013)
Criminal:
Post conviction relief act petition; legality of imposing fines and costs without ability to pay hearing; ineffective counsel; modification of sentence nunc pro tunc; fines and costs required by law; evidentiary hearing
(Belloma022513L)
(Posted: February 25th 2013)
Criminal:
Appeal; timeliness of decision on post sentence motion
(coleman010713L)
(Posted: February 20th 2013)
Criminal:
Appeal on double jeopardy grounds; interlocutory appeal allowed unless frivolous
(powell020113g)
(Posted: February 20th 2013)
Criminal:
Appeal on double jeopardy grounds; interlocutory appeal allowed unless frivolous.
(patton020112g)
(Posted: February 20th 2013)
Criminal:
Appeal
(jackson020713g)
(Posted: February 20th 2013)
Civil:
Preliminary objections; transfer of mineral rights subject of right of first refusal; sufficiency of pleading of purchase price; enforceability of right on successors and assigns; lack of public record of power of attorney; factual sufficiency of claim of right to first refusal
(pennlyco021513a)
(Posted: February 20th 2013)
Adoption:
Appeal; termination of parental rights; settled purpose of relinquishing a parental claim; long term lack of contact with child
(AdoptionofCJG010213m)
(Posted: February 15th 2013)
Criminal:
Motion to suppress; canine sniff of vehicle; reasonable suspicion; odor of marijuana
(Graham021213L)
(Posted: February 13th 2013)
Criminal:
Motion to suppress; vehicle stop; legality of detention of passenger; police directing passenger to remain in vehicle; claimed constitutional rights violation flowing from questioning of driver of vehicle that resulting in arrest of passenger; privacy interest
(green021213L)
(Posted: February 13th 2013)
Criminal:
Post conviction relief act petition denial appeal
(Dacenzo021213bt)
(Posted: February 13th 2013)
Criminal:
Appeal
(graham021113L)
(Posted: February 12th 2013)
Criminal:
Post sentence motion; non-jury verdict; weight of the evidence; credibility of the Commonwealth's witnesses; admissibility of prison call recordings; danger of undue prejudice
(Sabur021113L)
(Posted: February 12th 2013)
Criminal:
Habeas corpus; prima facie case of burglary, aggravated assault, criminal attempt to commit robbery, access device fraud, simple assault, theft, receiving stolen property and false reports.
(Willits021113L)
(Posted: February 12th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel claim; inadequate advice regarding plea agreement; voluntariness of plea demonstrated during no-contest plea colloquy
(Miller021113bt)
(Posted: February 12th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel claim; right to an expert at the sexual violent predator hearing; cognizable claim for post conviction relief; unlawfully induced guilty plea; knowing, voluntarily, and intelligent plea; written guilty plea colloquy and verbal colloquy at guilty plea hearing
(Aul021113bt)
(Posted: February 12th 2013)
Civil:
Motions for summary judgment; slip and fall case; hills and ridges doctrine; general slippery conditions prevalent in the community
(dawson021213a)
(Posted: February 12th 2013)
Criminal:
Appeal; post trial motions; jury deadlock causing mistrial; severed weapons charge decided by court; double jeopardy issues on retrial; collateral estoppel; finding against defendant on element of crime
(Trapp020613L)
(Posted: February 7th 2013)
Adoption:
Petition to terminate parental rights; settled purpose of relinquishing parental claim; no contact with children for 4-5 years; lack of defense to the petition; lack of parental bond
(AdoptionofAandEH020413m)
(Posted: February 7th 2013)
Criminal:
Appeal
(Bowman013013bt)
(Posted: January 30th 2013)
Criminal:
Habeas corpus petition; prima facie case of rape; issue of consent to sexual intercourse; intoxication of victim; "unconscious"
(Johnson012913bt)
(Posted: January 29th 2013)
Civil:
Motions for summary judgment; subsurface rights; Dunham Rule; question of whether conveyance of mineral rights includes rights to gas and oil; reference to original reservation which refers to gas and oil
(troutrun012513a)
(Posted: January 28th 2013)
Criminal:
Petition for writ of habeas corpus; prima facie case; no transcript of the preliminary hearing; general attack on all charges with boilerplate allegations of insufficiency of the evidence; compliance with rules of criminal procedure.
(Hopkins012813bt)
(Posted: January 28th 2013)
Criminal:
Appeal
(Lewis012313bt)
(Posted: January 25th 2013)
Civil:
Motion in limine; claim of driver's intoxication at time of accident; sufficiency of evidence to support punitive damage claim; evidence of use of alcohol and flight from scene; prejudicial effect
(Jacobs012513g)
(Posted: January 25th 2013)
Criminal:
Post conviction relief act petition; DUI case; sentence in aggravated sentencing guideline ranges; ineffective counsel; claimed disrespect of the judge; consideration of Defendant's character and criminal history to fashion an appropriate sentence; claimed plea arrangement where such was denied at plea hearing
(Kester012213L)
(Posted: January 22nd 2013)
Custody:
Appeal; best interests of the child; consideration of custody factors; discretion of the court; applicability of relocation analysis; totality of the circumstances
(ak011713m)
(Posted: January 22nd 2013)
Divorce:
Exceptions to failure to award alimony pendente lite; refusal of requesting party to file divorce affidavit of consent; dilatory tactics
(se012213a)
(Posted: January 22nd 2013)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to obtain test of rape victim's blood sample to look for drug use; sufficiency of allegations in the petition to determine prejudice; failure to call witnesses; proof that outcome of case would have been different; failure to claim prosecutorial misconduct; destruction of victim's blood sample not in bad faith
(Jennings122013bt)
(Posted: January 20th 2013)
Criminal:
Appeal; probation violations involving use of drugs; excessive sentence claim; sentence of confinement when it becomes apparent that probation is not serving its desired rehabilitation effect
(Ulrich011712bt)
(Posted: January 18th 2013)
Criminal:
Post conviction relief act petition; timeliness; lack of specific allegations involving claim that police officer fabricated evidence
(Barrett01171bt)
(Posted: January 18th 2013)
Criminal:
Post conviction relief act petition; timeliness
(Nicholas011713bt)
(Posted: January 18th 2013)
Criminal:
Motion to sever; charges involving sexual misconduct with 2 different children; evidence admissible in a separate trial for the other; shared similarities; course of conduct; evidence capable of separation; prejudice
(SW011713L)
(Posted: January 17th 2013)
Criminal:
Pretrial motion challenging constitutionality of continued police investigation after release based on preliminary breath test at DUI checkpoint; observation of drug paraphernalia; consent to search; need for reasonable suspicion to search the vehicle; mere encounter at time consent to search obtained
(Prentiss011513L)
(Posted: January 16th 2013)
Criminal:
Petition for habeas corpus; aggravated assault and related charges arising from a rampage at bar with a vehicle, cue balls and rocks; prima facie case; actions showing intent to cause serious bodily harm and extreme indifference to the value of human life; vehicle as deadly weapon
(Phillips011413bt)
(Posted: January 16th 2013)
Criminal:
Petition for habeas corpus; prima facie case of attempted homicide; threat to kill accompanied by pursuit and the firing of a gunshot
(Gruver011413bt)
(Posted: January 16th 2013)
Wills and Estates:
Exceptions; considerations in appointment of a successor trustee; intention of trust settlors; conflict of interest; testamentary capacity; undue influence; confidential relationship; existence of a power of attorney; shifting burden to show that transactions were free from taint
(rogers011613L)
(Posted: January 16th 2013)
Criminal:
Appeal; voluntariness of waiver of counsel for purposes of appeal; dissatisfaction with appointed appeal counsel; standard for substitution of appointed counsel
(Sabur011413L)
(Posted: January 15th 2013)
Administrative Appeal:
Appeal of denial applications for demolition permits; failure to adopt findings supporting denial of demolition due to tied Council vote; support of substantial_x000d_
evidence; record devoid of any evidence supporting decision; abuse of discretion; constitutional challenges
(Lycoming011113g)
(Posted: January 11th 2013)
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion of innocence; question of whether New York offenses disqualify defendant from having a gun; prejudice to the Commonwealth
(Dickerson011013L)
(Posted: January 11th 2013)
Civil:
Motion for post-trial relief; adequacy of verdict in admitted negligence auto accident case; no award for pain and suffering; Plaintiff with pre-existing conditions
(wilson011013a)
(Posted: January 10th 2013)
Criminal:
Appeal; conviction for driving while license under suspension - fourth offense; sentence of incarceration; claim of manifestly excessive sentence
(Disalvo010813bt)
(Posted: January 8th 2013)
Criminal:
Motion in limine; availability of service station surveillance video used by police officer to confirm violation of law; best evidence rule; contemporaneous observation by officer of crime; cumulative evidence; unavailable original video that was never in the possession of the police
(Molina010713bt)
(Posted: January 8th 2013)
Criminal:
Motion for release on nominal bail; rule 600; time for commencement of trial; excludable time; special conditions of bail
(Grissom010713bt)
(Posted: January 8th 2013)
Criminal:
Motion to dismiss for rule 600 violation; diligence of Commonwealth; due diligence not required where defendant fails to appear for hearing, while on bail
(Nee010713bt)
(Posted: January 8th 2013)
Criminal:
Suppression motion; warrantless search of a house; exigent circumstances; police engaged in hot pursuit of narcotics dealer; probable cause to arrest; plain view of drug paraphernalia; reasonable belief that arrested person is pursued felon; voluntariness of consent to search on reentry of home
(Graham010713bt)
(Posted: January 8th 2013)
Criminal:
Appeal; contempt finding for violation of protection from abuse order; volitional conduct on the part of the defendant to bring him in contact with protected person at time when he knew she would be leaving work; credibility of witnesses; hearsay testimony elicited by objecting party; burden of proof
(Bruscoe010713bt)
(Posted: January 8th 2013)
Criminal:
Commonwealth's motion in limine; prior bad acts evidence; common plan or scheme; probative value outweighs undue prejudice; evidence of prior crimen falsi convictions; remoteness
(Reed010413g)
(Posted: January 7th 2013)
Criminal:
Appeal; theft offenses by paralegal; sufficiency and weight of the evidence; excessive and unreasonable sentence; aggravated sentence due to the impact of the crime on a widowed senior citizen in a fragile economic and emotional_x000d_
condition
(McKissick010413g)
(Posted: January 7th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel; evidence of prior bad acts to prove identity; use of bad acts testimony to negate witness credibility; cautionary instruction about evidence of co-defendant's guilty plea; harmless error; prosecutor's comments in closing argument addressing credibility issues raised by defense counsel; cumulative prejudicial effect of trial counsel's errors
(Jackson010713g)
(Posted: January 7th 2013)
Criminal:
Petition for a pre-preliminary hearing line-up; suggestive and tainted identification evidence; use of a disguise
(keck010413L)
(Posted: January 5th 2013)
Criminal:
Appeal
(Burden121012L)
(Posted: January 3rd 2013)
Criminal:
Habeas corpus petition; sufficiency of evidence of firearms violations; capability of firing a projectile; reasonable inference of operability of firearm
(jordan010313L)
(Posted: January 3rd 2013)
Criminal:
Petition for ROR bail; rule 600 requirement to set nominal bail after 180 days has expired; defendant with extensive criminal record and poor history of appearing for court; discretion of court to ignore rule 600 mandate; defendant too dangerous to be released; conditions to bail allowed
(smith010313L)
(Posted: January 3rd 2013)
Criminal:
Post conviction relief act petition; timeliness; exception to coordinate jurisdiction rule; partially deficient appellate brief; actual prejudice
(Illes010213L)
(Posted: January 2nd 2013)
Criminal:
Suppression motion; vehicle stop; probable cause; observation of careless driving; late stop at a traffic light
(boyd010213L)
(Posted: January 2nd 2013)
Criminal:
Post conviction relief act petition; double jeopardy protections applying to summary direct criminal contempt
(Drick010213L)
(Posted: January 2nd 2013)
Civil:
Non-jury trial in landlord tenant claim; implied warranty of habitability; withholding rent; defective hot water heater; credibility issues; liability for work performed or for claimed damage to the property; consumer protection claims
(Cohick122012g)
(Posted: December 20th 2012)
Civil:
Motion for summary judgment; enforcement of property sales agreement; time of the essence; actions taken after proposed closing date; fact issues
(Secrest122012g)
(Posted: December 20th 2012)
Criminal:
Post conviction relief act petition; drug case; voluntariness of guilty plea; entrapment defense; waiver of defenses
(Thompson122012bt)
(Posted: December 20th 2012)
Criminal:
Post sentence motion for modification of sentence; history of mental illness that was not known by counsel at time of sentencing; independent post-sentencing assessment by psychiatrist; exaggeration of depression
(Tennis121912L)
(Posted: December 19th 2012)
Criminal:
Post conviction relief act petition; timeliness; no allegations of exceptions to 1 year time limit; waiver by failing to include claims in prior petition
(Ricks121812bt)
(Posted: December 18th 2012)
Criminal:
Pro se post conviction relief act petition; propriety of jury trial waiver; voluntariness; effectiveness of counsel; objection to prior record score calculation where sentence is driven by mandatory sentence; prejudice; specificity of claims
(Hines121812bt)
(Posted: December 18th 2012)
Criminal:
Motion to suppress; parole officer search of vehicle; statutory authority to search; reasonable suspicion of violation; admissions made by parolee; prior supervisory history
(Delaney121812bt)
(Posted: December 18th 2012)
Criminal:
Motion to suppress; vehicle stop; probable cause; tinted window violation; pretext claim; pat down search; motion to dismiss; bail modification request
(thompson121812L)
(Posted: December 18th 2012)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
12.18.2012
Dudley N. Anderson
Civil:
Motion for judgment on the pleadings; quiet title action; law of the case doctrine; claimed violation of the minimum royalty act; general denials as admissions; proper time to consider entering judgment
(southwesternjmt121812a)
(Posted: December 18th 2012)
Civil:
Writ of execution; garnishment of bank account that holds only social security disability proceeds or unemployment compensation benefits; federal and state exemptions from execution
(Portfolio121812g)
(Posted: December 18th 2012)
Civil:
Petition to modify custody; best interest of the children; ability to provide stable home life compared to lack of permanent residence
(IN121412g)
(Posted: December 14th 2012)
Criminal:
Appeal to Superior Court of summary conviction for disorderly conduct; public, loud, animated, profane conduct in the presence of a police officers; claim of protected speech
(Connelly121412m)
(Posted: December 14th 2012)
Criminal:
Post sentence motion; sexual offenses; sufficiency of evidence of exchange of communication; choice of wording in giving jury instructions; prompt complaint; prior consistent statements on redirect examination; charge of fabrication; anticipatory admission of a prior statement
(locke121112L)
(Posted: December 11th 2012)
Civil:
Preliminary objections to additional defendant complaint; claim against sewage enforcement officer; governmental immunity; negligent performance of governmental duties
(mcgee121112g)
(Posted: December 11th 2012)
Civil:
Petition for name change of child; child given step-father's name upon birth; mother's attempts to alienate child from father; consideration of natural bond between child and father; father actively pursuing relationship with child
(wek121112g)
(Posted: December 11th 2012)
Criminal:
Motion for release on nominal bail; rule 600; special conditions
(Morris121012bt)
(Posted: December 10th 2012)
Criminal:
Suppression motion; credibility issues; consent to enter a home; plain view exception to warrant requirement; legality of the search of the residence by parole officer; reasonable suspicion to believe that offender possesses contraband
(Swank121012bt)
(Posted: December 10th 2012)
Criminal:
Motion to suppress; knock and announce rule; futility of notice; fundamental constitutional concerns; technical non-compliance
(Fredericks121012bt)
(Posted: December 10th 2012)
Criminal:
Motion to reconsider reassignment of preliminary hearing; summary grant of transfer without notice or hearing; fairness or impartiality considerations with respect to issuing authority
(Frey121012bt)
(Posted: December 10th 2012)
Custody:
Preliminary objections to divorce complaint; proper venue for custody determination; uniform child custody jurisdiction act; convenience of forum; children now located in Clearfield County
(rm120712m)
(Posted: December 10th 2012)
Criminal:
Petition for writ of habeas corpus; violation of due process rights due to long delay in implementing sentence; 28 month and 6 month delays; Commonwealth negligence; prejudice
(Brown120712bt)
(Posted: December 9th 2012)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental control; infrequent contact with child during 9 year life; refusal to speak to guardian ad litem; lack of bond with child
(AdoptionofZL120412m)
(Posted: December 7th 2012)
Civil:
Motion for judgment on the pleadings; ejectment action; oral life estate; Statute of Frauds; parol evidence to supplement a written contract; equitable arguments; unclean hands
(Randis120712g)
(Posted: December 7th 2012)
Criminal:
Motion to dismiss criminal information; theft offenses; sufficiency of the evidence; prima facie case; hearsay evidence
(Kayhanfar120712bt)
(Posted: December 7th 2012)
Custody:
Petition for change of venue; proper venue for custody determination; uniform child custody jurisdiction act; significant connection to jurisdiction; convenience of venue
(cvs120712m)
(Posted: December 7th 2012)
Criminal:
Post conviction hearing act petition; counsel's motion to withdraw and dismiss; timeliness; frequent transfers; access to legal materials
(Dacenzo120512bt)
(Posted: December 6th 2012)
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; autistic child; progress of child after removal from parent's home; needs and welfare of the child; bond between the child and parent; abandonment; failure to use any of the means available to maintain relationship with child
(AdoptionofMWJr113012)
(Posted: December 6th 2012)
Civil:
Motion for summary judgment; neighboring landowners dispute; res judicata; prior district justice action; action not barred by prior judgment of non-pros; statute of limitations; continuing trespass
(mcclain120612a)
(Posted: December 6th 2012)
Criminal:
Motion to compel placement into ARD; DUI; consideration of expunged juvenile record; discretion of the district attorney; statutory prohibition
(Ernst112912bt)
(Posted: December 5th 2012)
Kemmerer vs. Dollar General Corporation, Dolgencorp, LLC, & Buchert Realty, LLC
11.30.2012
Dudley N. Anderson
Civil:
Preliminary objections; personal injury claim involving door; specificity of the complaint in itemizing violations of statutes, codes and industry standards; legal basis for attorney fee claim; impertinent allegations relating to lost video surveillance; duty to assist elderly, overburdened customers to leave the store or to render medical care for injured patron
(kemmerer113012a)
(Posted: December 3rd 2012)
Criminal:
Amendment of order denying post conviction relief act petition; withdrawal of counsel allowed
(Bailey113012L)
(Posted: November 30th 2012)
Criminal:
Appeal; possession of a firearm by convicted felon; suggestion that charges should be dismissed because defendant was not photographed, fingerprinted or read Miranda rights; questioning consisting of routine booking questions; sufficiency of the evidence; claim that conviction cannot stand because gun was test-fired by police officer to prove it operable; waiver of confrontation rights by not objecting to questions to officers about identities of victims; lack of prejudice from claimed discovery violation; amount of bail; waiver of issues not raised at trial.
(Sowell113012L)
(Posted: November 30th 2012)
Capouillez vs. Laurel Hill Game and Forestry Club; Williamson Trail Resources, LP; Great Lakes Energy Partners, LLC; Ranges Resources - Appalachia, LLC
11.28.2012
Richard A. Gray
Civil:
Preliminary objections to answer and counterclaim; mineral right dispute; counterclaim for unjust enrichment; elements of cause of action; specificity of unauthorized practice of law averment
(Capouillez112812g)
(Posted: November 28th 2012)
Criminal:
Post conviction relief act petition; claimed breach of plea agreement by removing credit for time served; knowing and intelligent guilty plea; proper method of obtaining relief for failure of Corrections Department to follow order; denial of counsel's request to withdraw
(Bailey112812L)
(Posted: November 28th 2012)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
