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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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)
Criminal:
Appeal; murder conviction
(Patterson080112bt)
(Posted: August 1st 2012)
Criminal:
Post conviction relief act petition; timeliness; retroactive constitutional right exception; right recognized in Pennsylvania for years; applicability of claimed right
(Bush080112bt)
(Posted: August 1st 2012)
Criminal:
Oral post sentence motion; child pornography charges; duration of Megan's Law registration; multiple possession convictions requiring lifetime registration; request to withdraw guilty plea; collateral consequences as undermining validity of plea
(Pelleschi080112L)
(Posted: August 1st 2012)
Custody:
Petition for special relief; location of kindergarten attendance; Catholic vs. public education; no dispute as to who will pay tuition; shared legal custody; best interest of child; lack of religious involvement of child to date
(mf073012m)
(Posted: August 1st 2012)
Criminal:
Post sentence motion; sufficiency of the evidence; theft offenses; intent to deprive; log term use of another's vehicle
(McKissick080112g)
(Posted: August 1st 2012)
Clark Trucking & Excavation, LLC - Northeast Division vs. BEO Services Group, LLC
8.1.2012
Richard A. Gray
Civil:
Preliminary objections; indispensable party; third party integral to the litigation
(Clark080112g)
(Posted: August 1st 2012)
Criminal:
Motion to consolidate; similarities between two criminal episodes; repeated commission of the same general class of crime
(McMillan073112bt)
(Posted: August 1st 2012)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; negotiated plea agreement; knowing, voluntary, and intelligent guilty plea; jurisdiction of court; applicability of US Code definition of motor vehicle; applicability of Miranda warnings
(Gadra073112L)
(Posted: July 31st 2012)
Criminal:
Non-jury trial; person not to possess a firearm; assessing evidence to issue verdict
(trapp061412L)
(Posted: July 30th 2012)
Criminal:
Petition for writ of habeas corpus; prima facie case for assault and harassment; prisoner throwing unknown liquid in prison guard's face
(ball071812L)
(Posted: July 30th 2012)
Adoption:
Petition for involuntary termination of parental rights; effect of protection from abuse order; birth of child not immediately revealed to father; father had no contact with child and pursued no legal action to establish his rights; failure to perform parental duties for 6 months; lack of bond with father
(dn070612L)
(Posted: July 30th 2012)
Criminal:
Motion to suppress; vehicle stop; probable cause; improper stop on the roadway
(LopezTemple072612L)
(Posted: July 30th 2012)
Criminal:
Motion to consolidate; threats to a witness; unclear as to whether the threats occurred as a part of the same transaction
(Sabur072612L)
(Posted: July 30th 2012)
Wills and Estates:
Motion to appeal the probate of will; testamentary capacity; impaired memory; burden of proof; undue influence; weakened intellect; existence of confidential relationship; overmastering influence
(adams073012L)
(Posted: July 30th 2012)
Divorce:
Contempt petition; failure to comply with order relating to marital home; short sale of home to mortgage company; obligation of payment if mortgage company seeks to recover deficiency; responsibility for payment of tax, insurance, clean-up and utility bills
(Zerbe072412m)
(Posted: July 26th 2012)
Criminal:
Pre-trial motion; probable cause to arrest for DUI; video surveillance of defendant driving to supermarket; evidence of intoxication
(Armstrong072612L)
(Posted: July 26th 2012)
Wills and Estates:
Petition to certify of a case from the register of wills to the Orphan's Court; issues relating to codicil to will which involves many intricate and difficult questions of evidence and law
(Ecker070512L)
(Posted: July 25th 2012)
Administrative Appeal:
Tax upset sale; failure to pay real estate taxes; proper notice; mail returned with notation "no such number"; reasonable steps to ascertain address; inconspicuous posting of tax sale notice
(Thompson071612g)
(Posted: July 20th 2012)
Ezero vs. The Williamsport Hospital and Medical Center; Susquehanna Health System, Susquehanna Health, Joel Oliver D?hue, M.D, Susquehanna Health Medical Group, Harry Dean Mintzer, D.O., and Anesthesia Associates of Williamsport
7.20.2012
Richard A. Gray
Civil:
Motion in limine; evidence about the number of times a physician took board certification examination; standard of care issues; prejudice; relevance
(Ezero072012g1)
(Posted: July 20th 2012)
Ezero vs. The Williamsport Hospital and Medical Center; Susquehanna Health System, Susquehanna Health, Joel Oliver D?hue, M.D, Susquehanna Health Medical Group, Harry Dean Mintzer, D.O., and Anesthesia Associates of Williamsport
7.20.2012
Richard A. Gray
Civil:
Motion in limine; day in the life and photograph evidence; relevance to recoverable damages; prejudice
(Ezero072012g2)
(Posted: July 20th 2012)
Ezero vs. The Williamsport Hospital and Medical Center; Susquehanna Health System, Susquehanna Health, Joel Oliver D?hue, M.D, Susquehanna Health Medical Group, Harry Dean Mintzer, D.O., and Anesthesia Associates of Williamsport
7.20.2012
Richard A. Gray
Civil:
Motion in limine; evidence of decedent's pain and suffering; need for expert opinion to interpret medical documentation
(Ezero072012g3)
(Posted: July 20th 2012)
Ezero vs. The Williamsport Hospital and Medical Center; Susquehanna Health System, Susquehanna Health, Joel Oliver D?hue, M.D, Susquehanna Health Medical Group, Harry Dean Mintzer, D.O., and Anesthesia Associates of Williamsport
7.20.2012
Richard A. Gray
Civil:
Motion in limine; evidence on issue of patient/physician's consent to certain type of treatment; relevance to plaintiff's claims of negligence; probative value/prejudice assessment; motion to reconsider denial of amendment to add punitive damages; lack of intervening changes in facts or law
(Ezero072012g4)
(Posted: July 20th 2012)
Criminal:
Post sentence motions for judgment of acquittal; sufficiency of evidence; ability of lab technician to remember whose blood was tested; late request for continuance; lateness of sentencing due to possible retrial on charges on which the jury could not reach a verdict; weight of evidence
(webb071812a)
(Posted: July 19th 2012)
Support:
Complaint to establish paternity; signed acknowledgment of paternity; showing of fraud, duress or material mistake of fact; lack of evidence of other possible father
(paternity071912a)
(Posted: July 19th 2012)
Criminal:
Post conviction relief act petition; claim of being tricked into pleading guilty; knowing, intelligent, voluntary and understanding plea; acknowledging intentional conduct during guilty plea hearing
(Jordan071612bt)
(Posted: July 18th 2012)
Criminal:
Post conviction collateral relief act petition; failure to notify defendant of his appeal rights; reinstatement of appeal rights; recusal of judge request first made after sentencing; waiver of issues; criminal trespass charges where defendant kicked in door of girlfriend's home
(Bowman071612bt)
(Posted: July 18th 2012)
Criminal:
Post conviction hearing act petition; claim of excessive sentence; plea agreement; sentence less than the guideline minimum; ineffective counsel; recanting witnesses; waiver due to admissions in guilty plea colloquy; lack of impact on sentence
(Hoffman071612L)
(Posted: July 18th 2012)
Criminal:
Motion to suppress; warrantless search of a home of a parolee; reasonable suspicion; voluntariness of consent to search; scope of consent; probation officers acting as “stalking horses” of the police; custodial interrogation with no Miranda warnings
(aikey071612L)
(Posted: July 18th 2012)
Criminal:
Appeal
(Benson071612L)
(Posted: July 18th 2012)
Civil:
Non-jury trial; extinguishing right to use private road; adverse possession; lack of visible, notorious and continuous adverse and hostile use of land inconsistent with rights of easement holder; unclean hands claim
(myers070912a)
(Posted: July 12th 2012)
Administrative Appeal:
Land use appeal; scope of review; property in floodway district; applicability of special exception provisions; natural expansion of a non-conforming use in floodway; shifting burden of proof for special exception; detrimental effect on the public health, safety, and welfare; expansion of the existing non-conforming use in floodway
(Choice071212g)
(Posted: July 12th 2012)
Civil:
Motion to strike petition for stay of execution and motion for declaratory judgment; timeliness; equity jurisdiction as it relates to the municipal claims act; adequate statutory remedy
(Barner062812g)
(Posted: July 10th 2012)
PR Lycoming Limited Partnership vs. Roles Amusement Co., L.P., its general partner Roles, Inc., Robert L. Roles, Jr., Marlee M. Roles, and Daniel Klingerman
7.10.2012
Richard A. Gray
Civil:
Motion for partial summary judgment; disputed issues of fact regarding the extension, modification, assumption, and/or assignment of lease; discovery motions
(Pr071012g)
(Posted: July 10th 2012)
Criminal:
Appeal of post conviction hearing act decision; treating petition as notice of appeal
(Copenhaver060112bt)
(Posted: July 6th 2012)
Criminal:
Appeal; sufficiency and weight of evidence; child pornography; access to computer; images saved on computer; continuance request; failure to timely examine information to prepare for trial; previous continuance request granted; mistrial motion based on reference to parole or probation officers; excessive sentence claim; considerations in sentencing; serious offenses; discretion of the court; factors considered in sexually violent predator finding
(Hartsock7312m)
(Posted: July 6th 2012)
Criminal:
Post-sentence motion; weight of the evidence; shoplifting; identification issue
(Lemar070512bt)
(Posted: July 6th 2012)
Criminal:
Suppression motion; motor vehicle stop; probable cause; squealing tire ordinance violation; DUI arrest
(Pophal070212L)
(Posted: July 5th 2012)
Civil:
Preliminary objections; claim to reform insurance contract to name correct insured; intent of parties
(turkeyrun070312a)
(Posted: July 3rd 2012)
Divorce:
Exceptions to master's report; student loan issue; equivocal evidence; distribution of property; deceased party
(winder070312a)
(Posted: July 3rd 2012)
Criminal:
Motion to suppress; warrantless entry into apartment; no consent; inevitable discovery; lack of probable cause
(Easter070212L)
(Posted: July 3rd 2012)
Criminal:
Post conviction relief act; ineffective counsel; mental retardation; sex offenses; competence to plead guilty; rational understanding of the proceedings; waiver of Miranda rights;
(kilgus070212L)
(Posted: July 3rd 2012)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
7.2.2012
Dudley N. Anderson
Civil:
Preliminary objections; sufficiency of pleaded facts and documents to show authority to sign deed; sufficiency of pleaded name change
(southwestern070212a)
(Posted: July 2nd 2012)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
7.2.2012
Dudley N. Anderson
Civil:
Motion to amend and certify for immediate appeal; jurisdiction of court; expiration of time for appeal
(southwesternforest070212a)
(Posted: July 2nd 2012)
Civil:
Preliminary objections; fraud; sufficiency of factual allegations; determinations for preliminary motions
(iski070212a)
(Posted: July 2nd 2012)
Adoption:
Petition for involuntary termination of parental rights; failure to perform_x000d_
parental duties for at least six months; failure to initiate contacts with children; existence of bond between child and parent
(ACS062812m)
(Posted: July 2nd 2012)
Criminal:
Challenge to amount of restitution; but-for test; credibility of testimony of victim; claim for replacement value
(Parsons062612L)
(Posted: June 27th 2012)
Divorce:
Petition to enforce post-nuptial agreement; consideration; unenforceable promise; bifurcation; compelling circumstances; lack of prejudice
(Knauss062212m)
(Posted: June 26th 2012)
Criminal:
Defendant's motion to transfer prosecution; authority of court to transfer over objection of district attorney
(Rodriguez062012L)
(Posted: June 25th 2012)
Criminal:
Non-jury trial; person not to possess a firearm; credibility of defendant; juvenile record
(Burden062512L)
(Posted: June 25th 2012)
Criminal:
Non-jury trial; sexual abuse of children; SKYPE communication; requirement of computer depiction where video was streamed and not saved on the computer; sending a “link” to a pornographic website as the equivalent of sending the content of the website
(levy062212a)
(Posted: June 24th 2012)
Criminal:
Motion to dismiss under rule 600; case dismissed without prejudice on habeas corpus motion; lack of preparation by Commonwealth attorney at scheduled court hearing; due diligence in filing second criminal complaint
(Balliet061912bt)
(Posted: June 20th 2012)
Criminal:
Petition for writ of error coram nobis treated as post conviction relief act petition; timeliness of petition; claim of innocence as defense to timeliness claim; waiver of ineffective counsel claim
(Rhines061812bt)
(Posted: June 19th 2012)
Criminal:
Appeal; conviction for assault of a child; notice of 25 year mandatory minimum sentence possibility; bad acts evidence; common plan; competency of children to testify
(Probst061812bt)
(Posted: June 19th 2012)
Criminal:
Appeal of denial of post conviction relief act petition
(Smith061812bt)
(Posted: June 19th 2012)
Criminal:
Post sentence motion; drug case; prejudicial impact of trial comments by police officer that defendant is a gangster and drug dealer; curative instruction; relevance of evidence that defendant was not employed where he was found with a large amount of cash
(coleman061512a)
(Posted: June 18th 2012)
Phillips vs. Muncy Valley Lodge no. 866 Loyal Order of Moose and Cockrum
6.15.2012
Dudley N. Anderson
Civil:
Non-jury trial; claim for age discrimination under the Pa. Human Relations Act; pretextual reasons for firing older worker; damages for back wages, humiliation and emotional distress and attorney fees awarded
(phillips061412a)
(Posted: June 18th 2012)
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties; lack of contact with child for 11 months; existence of bond with parent;
(AdoptionofAGJ061412m)
(Posted: June 18th 2012)
Criminal:
Post conviction relief act petition; knowing or voluntary plea; legality of original plea agreement; specificity of claim of unawareness of ramifications of the plea; waiver of recusal request; claim that district attorney represented defendant in previous matter
(Ahern060112L)
(Posted: June 15th 2012)
William A. Capouillez, t/d/b/a Geological Assessment & Leasing vs. Laurel Hill Game and Forestry Club;Lakes Energy Parterns, LLC; and Range Resources ? Appalachia, LLC
6.15.2012
Richard A. Gray
Civil:
Preliminary objections; legal sufficiency of the complaint; name change; unauthorized practice of law; fact-intensive inquiry; attaching written agreement; gist of the action; tortious interference with contractual relations claims; insufficient specificity of civil conspiracy claim; unjust enrichment claim as alternative to contract action; equitable accounting where no fiduciary relationship claimed; punitive damages where outrageous conduct not alleged
(Capouillez061512g)
(Posted: June 15th 2012)
Criminal:
Post conviction relief act petition; ineffective counsel; suppression issue previously decided in the appellate courts
(Quartman061212g)
(Posted: June 13th 2012)
Criminal:
Motion in arrest of judgment; weight of the evidence; criminal trespass; claimed excessive sentence; sentence within the guidelines; long history of criminal activity and lack of remorse
(Young061112g)
(Posted: June 13th 2012)
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