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; 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)
Divorce:
Validity of prenuptial agreement; full and fair disclosure; residual beneficiary of trust established by will; credibility of witnesses; duress; agreement proposed 2 days before wedding; undue influence claim
(rs061112m)
(Posted: June 12th 2012)
Criminal:
Post conviction relief act petition; new issues first raised on appeal; timeliness of petition; claimed exception for evading sentence for several years; correctness of prior record score; waiver of defects by guilty plea; invalid PCRA claim; requiring Commonwealth to show cause why petition should not be granted
(Keels060712bt)
(Posted: June 8th 2012)
Civil:
Motion for summary judgment; action for breach of contract, quantum meruit and promissory estoppel based on oral agreement; statute of frauds; UCC; goods or services; exception for delivery and acceptance; use of estoppel to circumvent the statute of frauds; lack of benefit foreclosing quantum meruit claim.
(hotlights060612a)
(Posted: June 6th 2012)
Civil:
Motion for summary judgment; negligent entrustment claim against owner of vehicle; failure to adduce evidence to support claims
(Tawney053012g)
(Posted: June 5th 2012)
Civil:
Preliminary objections; lis pendens; pendency of a companion case in the Orphans' Court; cases involving same issues, parties and claim for relief
(Vandine053112g)
(Posted: June 5th 2012)
Civil:
Preliminary objections; breach of contract claim plead sufficiently; claim for "monetary damages"; allegation of malice to sustain claim of slander of title
(Logue052312g)
(Posted: June 1st 2012)
Criminal:
Habeas corpus motion; sufficiency of evidence of possession of controlled substance; constructive possession; suppression motion; warrantless search of an apartment; appearance that evidence was being destroyed; exigent circumstances
(Hardy053112L)
(Posted: June 1st 2012)
Civil:
Motion for summary judgment; request for order to remove barrier erected across road; adverse possession or abandonment claim; fact questions
(myers053112a)
(Posted: June 1st 2012)
Criminal:
Appeal of post conviction hearing act decision; treating petition as notice of appeal
(Copenhaver060112bt)
(Posted: June 1st 2012)
Civil:
Declaratory judgment; validity of antenuptial agreement; full and complete disclosure of assets
(jjs101806K)
(Posted: May 30th 2012)
Criminal:
Appeal; offenses against a child; sufficiency of evidence of endangering a child where jury reaches no verdict on underlying sex offenses; sustainability of inconsistent verdict; direct testimony by victim; claimed prejudice when charges dropped against co-defendant after jury selection; challenges for cause; admissibility of prior consistent statement; cumulative evidence; use of character witnesses; statements made by prosecutor during closing argument; issues preserved for appeal
(Segraves053012L)
(Posted: May 30th 2012)
Criminal:
Post conviction hearing act petition; timeliness
(Johnson052512bt)
(Posted: May 25th 2012)
Criminal:
Post conviction relief act petition; waiver of defects and defenses by guilty plea; Double Jeopardy claim; sentencing guidelines; lack of specific reason for claiming ineffective assistance of counsel
(Sander052512bt)
(Posted: May 25th 2012)
Criminal:
Motion to suppress; attempted murder case; search of home; probable cause to issue warrant; omitting material information from the affidavit of probable cause; misrepresentations in the affidavit; intention to misrepresent and materiality of any misrepresentation; totality of circumstances
(Trapp052112)
(Posted: May 24th 2012)
Criminal:
Motion for time credit; legality of sentence; treatment as post conviction relief act petition; probation violation detainers; pre-trial incarceration resulting in part from charges for which defendant is serving a sentence
(Miller052312L)
(Posted: May 24th 2012)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
5.24.2012
Dudley N. Anderson
Civil:
Preliminary objections; action to quiet title to oil, gas and mineral rights; sufficiency of land description; prima facie pleading of title; expiration of leases attached to the complaint; standing; claim of violation of the guaranteed minimum royalty act where a portion of the royalty is assigned back
(southwestern052412a)
(Posted: May 24th 2012)
Criminal:
Motion for preliminary hearing after waiver; denial of ARD application; enforceability of agreement to waive preliminary hearing; contract considerations; lack of consideration; contract of adhesion; agreement becoming worthless after one party performs; lack of control over grant of ARD; applicability of adhesion argument to case; attorney involvement; one-sided agreement
(McNally052212bt)
(Posted: May 23rd 2012)
Civil:
Motion for summary judgment; accord and satisfaction; cashing check marked "full payment"; res judicata; claim barred by failure to include element of damage in earlier suit
(metcalf052212a)
(Posted: May 22nd 2012)
Custody:
School selection dispute; best interests of the child; evaluating factors; instability of housing situation of both parents; ability to interact with cousins at school
(Clark051712m)
(Posted: May 21st 2012)
Criminal:
Appeal ; summary appeal of traffic citation; sufficiency of evidence of reckless driving; braking to cause closely following vehicle to collide with rear of vehicle
(Hoover051412m)
(Posted: May 17th 2012)
Criminal:
Post sentence motion; conviction of assault by prisoner; weight and sufficiency of the evidence
(Richardson051112L)
(Posted: May 17th 2012)
Criminal:
Motion to decertify and transfer to juvenile court; conspiracy to commit robbery with a deadly weapon; factors to be considered; amenability to treatment in juvenile system
(cg051612L)
(Posted: May 17th 2012)
Criminal:
Restitution for medical bills related to assault; payable to victim and not medical care providers
(Hill051712L)
(Posted: May 17th 2012)
Criminal:
Motion to consolidate; robbery home invasion case; factors considered; same act or transaction; prejudice; better chance of acquittal
(hall051712L)
(Posted: May 17th 2012)
Criminal:
Appeal; sufficiency of evidence of possession of weapon; weapon owned by joint occupier of home; equal access and joint control of the weapon; constructive possession
(Burkhart051712L)
(Posted: May 17th 2012)
Support:
Exceptions to family court order concerning child and spouse support; violation of relocation statute; jurisdiction of the court; both parties equally at fault for leaving house; computation of income; accounting for bonus; assessing minimum wage earning capacity
(mortimer051712a)
(Posted: May 17th 2012)
Criminal:
Appeal; closing arguments of counsel; reference to AIDS; notice of calling witness; police officer testimony as expert on intent to deliver drugs; requirement to produce written expert report; improper subpoena; harmless error
(Webster051012L)
(Posted: May 14th 2012)
Criminal:
Post sentence motion; sufficiency and weight of evidence, patently unreliable witness; credibility of witnesses
(Richardson051012L)
(Posted: May 11th 2012)
Criminal:
Appeal; excessive sentence; probation violation; improper legal advocacy of probation officers; mental health issues requiring medication; waiver of issues
(Parker051012bt)
(Posted: May 11th 2012)
Criminal:
Post conviction relief act petition; murder case; guilty plea; waiver of issue related to search of vehicle; waiver of issue related to Miranda rights; coerced guilty plea; fear of death penalty; ineffective assistance of counsel
(Durrant051012bt)
(Posted: May 11th 2012)
Custody:
Objection to court jurisdiction over custody complaint; uniform custody act analysis; 5 month residence in Pennsylvania; significant contacts
(CM051012g)
(Posted: May 10th 2012)
Civil:
Non jury trial verdict; injunction; right-of-way issue; scope of easement; unlimited reasonable use; reasonableness of use of easement for commercial purposes; increased burden on easement
(Road051012g)
(Posted: May 10th 2012)
Civil:
Motion for partial summary judgment; breach of contract and unjust enrichment; personal liability of shareholders based on written guarantee
(lewislumber050910a)
(Posted: May 9th 2012)
Criminal:
Appeal; sentencing issue; terms of the plea agreement; authority of court to reduce maximum sentence to less than double the minimum sentence
(williams050912L)
(Posted: May 9th 2012)
Criminal:
Motion to sever; prejudice from trying offenses together; admissibility of offense in separate trial for the other; common scheme or plan; course of conduct
(meixel050912L)
(Posted: May 9th 2012)
Criminal:
Appeal; conviction for rape of unconscious or unaware person; allowing testimony at trial of previous false accusations of rape; hearsay evidence about a collateral matter; probative value of evidence; Rape Shield Law; thinly veiled attack on victim's character
(Moore050312L)
(Posted: May 8th 2012)
Criminal:
Motion to dismiss; rule 600 delay claim; excludable time; unavailability of Commonwealth witnesses
(Smith050812L)
(Posted: May 8th 2012)
Criminal:
Appeal; sufficiency of the evidence of attempted homicide
(Cooper050712bt)
(Posted: May 8th 2012)
Criminal:
Motion to suppress; reasonable suspicion of parole officer to search parolee's residence for contraband; reliability of information from identified informant
(Daniels050712bt)
(Posted: May 8th 2012)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
