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
(Gadra111512L)
(Posted: November 15th 2012)
Administrative Appeal:
Petition to set aside upset tax sale; claim of defective notice; compliance with notice requirements and actual notice established; credibility determinations
(taxclaimbureaunapp111412a)
(Posted: November 14th 2012)
Wills and Estates:
Objections to power of attorney' accounting ; claimed breach of fiduciary duties; burden of proof; credibility of the testimony; life insurance issues outside the scope of objections
(green11132012L)
(Posted: November 13th 2012)
Criminal:
Motion to suppress; warrantless vehicle search; reasonable suspicion to stop vehicle; exigent circumstances justifying a search
(Eiland111312bt)
(Posted: November 13th 2012)
Criminal:
Petitions for expungement; standards applicable in case of conviction or guilty plea; summary offenses
(Quinn111312bt)
(Posted: November 13th 2012)
Criminal:
Post conviction relief act petition; ineffective counsel for not raising the issue of defendant's waiving counsel during jury selection; appeal strategy of foregoing issues on appeal of questionable merit; timeliness
(Lyons111312bt)
(Posted: November 13th 2012)
Criminal:
Post conviction relief act petition; coerced guilty plea; knowing voluntarily, and intelligent plea; refusal to move withdraw plea; prejudice; rule 600 delay claim; waiver of all defects by pleading guilty; non-specific claim that counsel failed to investigate
(Wyland111312bt)
(Posted: November 13th 2012)
Criminal:
Appeal; post conviction relief act petition; timeliness; failure to respond to order under rule 1925
(Coker110812bt)
(Posted: November 9th 2012)
Civil:
Non-jury trial; landlord tenant action; government subsidized housing; termination of lease for repeated late payment of rent; effect of required annual income recertification performed after termination of lease
(williamsportvillage102612a)
(Posted: November 8th 2012)
Criminal:
Pro se post conviction relief act petition; timeliness; exception for retroactive constitutional right; previously litigated issues
(Harman110712bt)
(Posted: November 8th 2012)
Criminal:
Commonwealth motion for reconsideration of sentence; RRRI eligibility; juvenile adjudications; boot camp program; compliance with sentencing agreement where release can be in less than the agreed time
(handy110212a)
(Posted: November 5th 2012)
Custody:
Grandfather's petition for contempt in custody case; repeated failure to provide visitation; sanction of incarceration
(fjs110112a)
(Posted: November 2nd 2012)
Criminal:
Motion to suppress; vehicle stop; reasonable suspicion; observations of possible intoxication after vehicle stop occurred
(Shaible110212L)
(Posted: November 2nd 2012)
Criminal:
Motion to dismiss for prosecutorial misconduct that provoked a mistrial; double jeopardy; three mistrials; unintentional conduct
(Patton110212g)
(Posted: November 2nd 2012)
Criminal:
Amended second petition for post-conviction relief; claim for restoration of appeal rights due to ineffective counsel; jurisdiction; need for prima facie showing that a miscarriage of justice occurred; elements of claim of ineffective counsel; prejudice
(Illes110212L)
(Posted: November 2nd 2012)
Red Run Mountain, Inc., vs. Earth Energy Consultants, LLC; Bradley R. Gill; and Sylvia B. Mase and Michael Hughes, as Executors of the Estate of Richard D. Mase
10.29.2012
Richard A. Gray
Civil:
Preliminary objections; private cause of action under the Pennsylvania Real Estate Licensing and Registration Act; authority of corporate president to act for the corporation in signing an agreement; consideration for assignment; personal liability of corporate president; piercing the corporate veil
(redearth102912g)
(Posted: October 29th 2012)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child; failure to perform parental duties; no contact with child for 4 years; no payment of support; attempt to place onus on custodial parent to provide for contact; no bond with child
(AdoptionofCJG102912m)
(Posted: October 29th 2012)
Criminal:
Appeal
(Hoffman102612L)
(Posted: October 26th 2012)
Civil:
Non-jury trial; malicious prosecution claim; probable cause for filing criminal complaint; assault and battery claim; credibility issues; intentional contact; punitive damages; outrageous conduct; damages awarded
(brown102412a)
(Posted: October 24th 2012)
Civil:
Preliminary objections; fraud claim; gist of the action doctrine; standing; claim under the Unfair Trade Practices and Consumer Protection Law; need to show common law fraud
(Courtright102412g)
(Posted: October 24th 2012)
Criminal:
Appeal; revocation of intermediate punishment sentence; violation of conditions of program; sentencing discretion; excessive sentence; probationary order not serving desired rehabilitation effect
(Chase102312bt)
(Posted: October 23rd 2012)
Criminal:
Appeal of denial of post conviction relief act petition; hearing requirement; issues of fact
(Woodring102312bt)
(Posted: October 23rd 2012)
Criminal:
Post conviction relief act petition; timeliness of petition; claimed retroactive constitutional right that has been recognized in Pennsylvania for years
(Mincy102312bt)
(Posted: October 23rd 2012)
Meyers vs. Carey, Tilva, West Branch Orthopaedics & Sports Medicine, Inc.; Susquehanna Regional Healthcare Alliance, Inc. and Divine Providence Hospital
10.22.2012
Richard A. Gray
Civil:
Motion to compel testimony of party and to overrule objections; questions regarding past and present office procedures and questions seeking party's expert opinions; subsequent remedial measures; hypothetical questions; applicability of expert discovery rules to parties; compelling party to give expert testimony and render new opinions
(Meyers102212g)
(Posted: October 22nd 2012)
Gerber vs. Flipse and Kriner, Administrators of the Estate of Daniel Gerber
10.22.2012
Richard A. Gray
Civil:
Request to strike lis pendens and motion for more specific pleadings; claim for money damages; Statute of Frauds; sufficiency of allegation for unjust enrichment
(Gerber102212g)
(Posted: October 22nd 2012)
Criminal:
Motion for return of a confiscated pipe; derivative contraband; nexus between the property and the alleged criminal activity; intent to use pipe to smoke marijuana; condition of pipe
(aikey102212L)
(Posted: October 22nd 2012)
Criminal:
Appeal
(Kilgus101912L)
(Posted: October 19th 2012)
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; obstacles placed by parent to visitation; half-hearted attempts to visit child; burden of proof; totality of circumstances; lack of proof of incapacity, abuse, neglect or refusal
(AdoptionofDJH101912m)
(Posted: October 19th 2012)
Civil:
Preliminary objections; corporate liability claim against physician practice group
(Packard101812g)
(Posted: October 18th 2012)
Meyers vs. Carey, Tilva, West Branch Orthopaedics & Sports Medicine, Inc.; Susquehanna Regional Healthcare Alliance, Inc. and Divine Providence Hospital
10.18.2012
Richard A. Gray
Civil:
Motion to compel a non-party's compliance with subpoena; Peer Review Protection Act; applicability of Act to corporation as opposed to a medical facility; protection of records that were part of a peer review process as opposed to records generated as business record; motion to determine sufficiency of answers to requests for admissions; objection based on lack of pleaded claim related to the admission requested; objection to admission requests that call for a legal conclusions
(meyers101812g)
(Posted: October 18th 2012)
Support:
Petition for spousal and child support; income calculation; claim for expense of children's extracurricular activities; reasonableness of cost of extracurricular activities, in light of parties' income
(Taylor101812m)
(Posted: October 18th 2012)
Civil:
Motions for summary judgment; factual dispute; meeting of the minds in a contract case; existence of a reserve price
(Young101612g)
(Posted: October 16th 2012)
Administrative Appeal:
Objections to municipal lien; compliance with borough ordinances; non-compliant cracked clay sewer pipe; attempt to remedy non-compliance with replacement of portion of clay pipe; insufficient, improper and invalid defenses raised in affidavit; entitlement to attorney fees
(Lycoming101612g)
(Posted: October 16th 2012)
Conestoga Ceramic Tile Distributors, Inc., Travelers Casualty and Surety Company of America, IMC Construction, Inc., Profast Commercial Flooring, Inc. and Pennsylvania College of Technology
10.16.2012
Dudley N. Anderson
Civil:
Motion for judgment on the pleadings; claim for breach of contract barred by terms of the payment bond voiding bonding company's obligation if bonded contractor promptly makes payment; lack of contractual relationship as barring claim; repeal of Bond Law of 1967; claim barred by payment under the Procurement Code; unjust enrichment
(conestoga101612a)
(Posted: October 16th 2012)
Civil:
Non-jury trial; credit card debt; assignment of claim; joint liability of credit card holder with the business; recoverability of interest at high rate
(federatedcapital101612a)
(Posted: October 16th 2012)
Criminal:
Motion in limine; admissibly of hearsay statements, not introduced for the truth; relevance of evidence; prejudice; cautionary instruction
(Meixe101612L)
(Posted: October 16th 2012)
Criminal:
Motion to terminate ARD; subsequent DUI charges; claim of failure to disclose charges during ARD hearing
(Allison101612bt)
(Posted: October 16th 2012)
Criminal:
Prima facie case of assault by prisoner with deadly weapon; use of a razor attached to a comb by Band-Aids to another's face
(Hatchett101612bt)
(Posted: October 16th 2012)
Civil, Criminal:
Motion for return of property and petition for forfeiture; burden of Commonwealth to prove a nexus between confiscated money and a drug transaction; totality of circumstances; ion scan; shifting burden; observations of experienced police officer
(brown101512g)
(Posted: October 15th 2012)
Criminal:
Post sentence motion; timeliness of pre-trial motion; prejudice of addressing a suppression motion just before trial was about to begin; voluntariness of Miranda rights waiver in light of claimed intoxication; weight of expert ballistic expert testimony; admission of jail call and visit recordings; hearsay; statements admitted to prove motive; admissibility of prior convictions to discredit defendant's false testimony; discretion of court in sentencing; merger of sentences
(Sabur101912L)
(Posted: October 12th 2012)
Criminal:
Motion for termination of ARD; violation of conditions of ARD; problems with substance addiction; extension of ARD as sanction
(howlett100912L)
(Posted: October 9th 2012)
Criminal:
Appeal of summary appeal verdict; speeding conviction because of weight of the vehicle; sufficiency of the evidence of the weight of a vehicle; verdict based on vehicle registration weight and experience of the officer
(Walker100912m)
(Posted: October 9th 2012)
Criminal:
Suppression motion; vehicle stop; probable cause to arrest; totality of the circumstances
(cobb100912L)
(Posted: October 9th 2012)
Criminal:
Motion to suppress; vehicle stop; odor of burnt marijuana; reasonable suspicion to believe marijuana odor was emanating from a particular vehicle.
(wright083112L)
(Posted: October 5th 2012)
Criminal:
Post conviction relief act petition; ineffective counsel; previously litigated claim; probable cause to search vehicle; reasonable suspicion to detain defendant
(Quartman092612g)
(Posted: October 5th 2012)
Criminal:
Appeal; non-jury trial; DUI charges where defendant in parked car; weight of the evidence; waiver of right to move for judgment of acquittal at close of evidence; sufficiency of the evidence; actual physical control of a vehicle; hearsay objection; failure to have conversation with trooper recorded.
(Prechtl100312bt)
(Posted: October 5th 2012)
Criminal:
Motion to dismiss Information and remand for preliminary hearing; drug charges; plea agreement in exchange for waiver of preliminary hearing; plea agreement rescinded; reasonable reliance; promissory estoppel; knowing, voluntary, and_x000d_
intelligent waiver.
(Butler100312bt)
(Posted: October 5th 2012)
Criminal:
Motion to suppress evidence; vehicle stop; reasonable suspicion to stop vehicle; probable cause to arrest for DUI
(Rosato100312bt)
(Posted: October 5th 2012)
Criminal:
Motion to suppress; voluntary interview conducted at police station; custodial interrogation; Miranda rights
(Steele100312bt)
(Posted: October 5th 2012)
Criminal:
Amended order; motion to reduce restitution
(fisher100312L)
(Posted: October 3rd 2012)
Criminal:
Post sentence motion; computation of prior record score; claim of sentencing outside of the guidelines
(Coles100312L)
(Posted: October 3rd 2012)
Criminal:
Restitution; claim for prorated reduction based on the victim's negligence
(fisher092812L)
(Posted: September 28th 2012)
Criminal:
Post conviction relief act petition; ineffective assistance PCRA Counsel; coerced guilty plea; record reflecting an intelligent, voluntary, and knowing guilty plea
(Durrant092812bt)
(Posted: September 28th 2012)
Criminal:
Appeal
(Giacomi092812bt)
(Posted: September 28th 2012)
Civil:
Motion in limine; expert witness testimony; qualifications under MCare Act; actively engaged in either clinical practice or teaching
(kling092812a)
(Posted: September 28th 2012)
Criminal:
Post sentence motion; claim of racial prejudice in striking juror; race-neutral reason for striking juror; admissibility of testimony of fingerprinting expert; proposed cross-examination of fingerprinting expert of unrelated case where fingerprinting testimony was mistaken; relevancy; evidence of income to disprove motive to steal; applicability of New Jersey "in-court identification" jury instruction; need for instruction on cross-race and weapons focus identification difficulty; failure of subpoenaed witness to appear
(Graham091112L)
(Posted: September 26th 2012)
Andres Taylor vs. Miele, Inc.; Punchline Distributions Corp.; Green Coin Machine Company; Royce A. Green, Jr.; Lakeside Electronics & Amusement Co., Inc.; and Monkey?s Megastore, Inc
9.26.2012
Richard A. Gray
Civil:
Preliminary objections; service of original process; regular or usual place of business; person for the time being in charge; specificity of pleading
(Taylor092612g)
(Posted: September 26th 2012)
Civil:
Non-jury trial; contract case for medical services; credibility issues; pre-judgment interest
(Susquehanna092412g)
(Posted: September 25th 2012)
Criminal:
Suppression motion; probable cause to stop and detain; reasonable suspicion; investigatory detention; reasonableness of search under the totality of the circumstances
(Smith092412L)
(Posted: September 25th 2012)
Divorce:
Appeal; enforcement of postnuptial agreement; consideration; Pennsylvania Uniform Written Obligation Act; language that the signer intends to be_x000d_
legally bound; preservation of issues
(Knauss092412m)
(Posted: September 25th 2012)
Criminal:
Appeal
(Gates092012bt)
(Posted: September 22nd 2012)
Civil:
Direct action against insurer of tortfeaser; third party beneficiary contract; standing to sue
(Whitenite091812g)
(Posted: September 19th 2012)
Criminal:
Appeal; guilty plea withdrawal; knowing, intelligent, and voluntary guilty plea; coercion to accept terms of plea agreement; thorough review of agreement during guilty plea colloquy
(Lynn091712bt)
(Posted: September 19th 2012)
Divorce:
Petition to enforce divorce settlement agreement; intent of the parties; credibility of the parties; full and fair disclosure
(as091812m)
(Posted: September 19th 2012)
Choice Fuelcorp, Inc. vs. Armstrong Twp. Zoning Hearing Board vs. Armstrong Twp. vs. Livorno
9.11.2012
Richard A. Gray
Administrative Appeal:
Appeal; scope of review; substantial evidence supporting the findings; weight given to board's interpretation of its ordinance; expansion of non-conforming use; substantial similarity; detrimental impact on community
(choice091112g)
(Posted: September 16th 2012)
Criminal:
Post-sentence motion; weight and sufficiency of the evidence; simple assault by physical menace; merged counts; manifestly excessive sentence; sentence within sentencing guidelines; impact of crimes and lack of remorse; sexually violent predator; qualifications of evaluator; factors used to assess sexually violent predator status
(Downs091312L)
(Posted: September 16th 2012)
Criminal:
Appeal; sixth post conviction relief act petition; timeliness; rule 1925 statement raising over 1000 issues that are unrelated to timeliness; frivolous and duplicative issues
(Knight091212bt)
(Posted: September 16th 2012)
Criminal:
Petition for habeas corpus; prima facie case of kidnapping and related offenses; mere spectator; participation with others in effort to restrain and threaten an individual
(Myers091212bt)
(Posted: September 13th 2012)
Criminal:
Suppression motion; vehicle stop; validity of second pat down of passenger; reasonable suspicion that weapon was present
(IT091212g)
(Posted: September 13th 2012)
Criminal:
Weight and sufficiency of evidence; use of weapon hidden in pocket to commit robbery; threat of violence as element of offenses; relevance of deadly weapon enhancement for employing a weapon to definition of robbery and theft; verdict shocking the court conscience
(Burden082712L)
(Posted: September 7th 2012)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; sufficiency of evidence; lack of merit of issues raised
(Lewis083112bt)
(Posted: September 7th 2012)
Civil:
Petition for name change of a child; the child's best interest; child with name of mother's boyfriend and not father; right of mother to choose surname
(klf090512g)
(Posted: September 7th 2012)
Criminal:
Motion for arrested judgment or alternatively to dismiss remaining charges due to double jeopardy; severance of weapons charge to be tried non-jury; deadlocked jury; guilty verdict on charge tried non-jury; waiver colloquy; applicability of collateral estoppel; deferral of court to jury in consolidated jury/non-jury trial; ability of Commonwealth to retry defendant after mistrial due to hung jury
(Traptrapp090612L)
(Posted: September 7th 2012)
Wills and Estates:
Testamentary capacity; burden of proof as to incapacity; credibility of witnesses; undue influence; lack of confidential relationship
(rogers090612L)
(Posted: September 7th 2012)
Civil:
Motion for post-trial relief; waiver of issues not raised in pleadings or at trial; relevance of unclean hands argument which does not pertain to the matter in controversy
(myers090712a)
(Posted: September 7th 2012)
Civil:
Non-jury trial; replevin action; property acquired after separation of married couple; non-marital property; special damages
(Ungard082412g)
(Posted: September 7th 2012)
Criminal:
Appeal
(young080312g)
(Posted: September 1st 2012)
Civil:
Preliminary objections; timeliness of amended complaint filed 30 days after due under order of court; failure to serve amended complaint; failure of counsel to appear to argue cause for the delay; pleading in a concise or summary form; complaint consisting of 1192 paragraphs on 328 pages
(vandine080912g)
(Posted: September 1st 2012)
Divorce:
Alimony pendente lite; guideline deviation due to paying college expenses; obligation to pay college expenses as support; consideration of the relative liabilities of the parties
(exceptions082912a)
(Posted: September 1st 2012)
Criminal:
Motion to suppress; warrant issued on information from confidential informant; affidavit including information on the reliability of the informant; sufficiency of the allegations of criminal conduct to obtain warrant; probable cause
(Williams083112bt)
(Posted: September 1st 2012)
Criminal:
Appeal.
(Kibler081412L)
(Posted: August 29th 2012)
Criminal:
Response to notice of intent to dismiss post conviction relief act petition; accuracy of defense counsel's representations about possible sentencing
(Gadra082112L)
(Posted: August 27th 2012)
Criminal:
Appeal
(Richardson082712L)
(Posted: August 27th 2012)
Criminal:
Response to notice of intent to dismiss post conviction relief act petition; competency to waive Miranda rights; inadequate offer of proof; signed certification from medical professional; low IQ
(Kilgus082212L)
(Posted: August 22nd 2012)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
8.21.2012
Dudley N. Anderson
Civil:
Motion for partial judgment on the pleadings; quiet title action; jurisdiction of court to enter 1989 judgment; relief from a judgment by default or of non pros; attacking judgment through declaratory judgment action
(southwestern082112a)
(Posted: August 21st 2012)
Civil:
Preliminary objections; material facts supporting claim of negligence; alleging same negligent conduct for each defendant regardless of capacity; plate allegations; failure to identify agents who provided medical care; sufficiency of broad and non-specific corporate negligence claims; demurrer; knowledge of the details of corporate internal affairs; sufficiency of verification
(Dymeck082112bt)
(Posted: August 21st 2012)
Criminal:
Motion to dismiss; double jeopardy; sanction for failure to appear for prison on theft charge; separate offense for default of required appearance; same-elements_x000d_
test
(Wiley082112bt)
(Posted: August 21st 2012)
Criminal:
Appeal; issues raised for the first time in rule 1925 statement; timeliness of petition
(Johnson081612bt)
(Posted: August 17th 2012)
Criminal:
Commonwealth's motion to modify sentence; post trial motions; proof of constructive possession of guns and drugs; sole tenant of an apartment; weight and sufficiency of evidence; admissibility of photographs and text messages from cell phone; authentication and ownership issues; admissibility of DNA evidence with low frequency; proximity of gun to drugs for mandatory sentencing; calculation of mandatory sentence; first offense
(coleman081512L)
(Posted: August 16th 2012)
Support:
Exceptions to child support; accounting for insurance payments, business expenses and reimbursement, and tax refund in determining support obligation
(kc081512A)
(Posted: August 15th 2012)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to call character witnesses; truthfulness as an element of the crime; evidence of force as element of crime; double jeopardy issue; clerical error
(Woodring081312bt)
(Posted: August 13th 2012)
Civil:
Preliminary objections to preliminary objections; statute of limitations; affirmative defenses; failure to exhaust administrative remedies; jurisdictional question; sufficiency of record; punitive damages; specificity of damages claim
(Smith080812g)
(Posted: August 9th 2012)
Wills and Estates:
Objections to account and statement of proposed distribution; excessive attorney fees and executrix commissions; standards applicable to evaluate fairness and reasonableness of attorney fee; credibility of the testimony; routine estate matter; fee agreement; prima facie reasonable executrix fee
(houseknecht071012L)
(Posted: August 8th 2012)
Criminal:
Post sentence motion; manifestly excessive sentence; lengthy period of supervision; factors considered
(Giacomi073112bt)
(Posted: August 8th 2012)
Criminal:
Appeal
(Lemar080812bt)
(Posted: August 8th 2012)
Criminal:
Appeal; need for evidentiary hearing on post conviction hearing act petition
(Johnson080812bt)
(Posted: August 8th 2012)
Criminal:
Appeal of dismissal of post conviction relief act petition; ineffective counsel
(Clark080712bt)
(Posted: August 7th 2012)
Custody:
Expedited petition for modification of custody order; jurisdiction objection; children in Italy; continuing significant connections with Lycoming County
(mf080312m)
(Posted: August 6th 2012)
Criminal:
Motion to suppress; vehicle investigation for suspicious nighttime activity; defendant attempting to eat white chunky substance that field tested for cocaine; search incident to arrest; statements made while in custody; Miranda rights; spontaneous statements
(fulks071612L)
(Posted: August 2nd 2012)
Criminal:
Motion to suppress evidence; valid entry into a home to serve arrest warrant; protective sweep; opening closet to look for concealed person
(Fredericks073112bt)
(Posted: August 2nd 2012)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
