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:
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)
Criminal:
Motion for post conviction collateral relief; due process violation; long delay ordering defendant to report to prison; improper method of raising habeas corpus issue
(Brown050412bt)
(Posted: May 5th 2012)
Criminal:
Appeal; timeliness of post conviction relief act petition; challenge to negotiated sentence; double jeopardy; separate sentences for two crimes
(Mosley050412bt)
(Posted: May 5th 2012)
Criminal:
Post conviction relief act petition; lawfulness of condition of probation relating to contact with wife; implied condition of probation not to commit another crime; valid reasons for revoking probation
(Markley050412bt)
(Posted: May 5th 2012)
Criminal:
Motion to suppress; mere encounter during which signs of alcohol consumption were observed
(Lucas050412bt)
(Posted: May 5th 2012)
Criminal:
Motion to suppress evidence; probable cause to arrest for DUI; hit and run accident; motion to suppress identification; unduly suggestive identification
(Confair050412bt)
(Posted: May 5th 2012)
Criminal:
Appeal; sexual assault case; rule 600 delay claim; plea withdrawal considered as grant of new trial for calculation purposes; excessive sentence; severity of offense outweighing medical conditions; sexually violent predator; need to show violence; expert testimony; constitutionality of Megan's Law; failure of expert to consider health and age of defendant
(Willits050112L)
(Posted: May 2nd 2012)
Criminal:
Post conviction relief act petition; guilty plea; waiver of claims; inadequacy of legal representation; factual allegations giving rise to a defense; mandatory sentence
(Kibler042612L)
(Posted: May 1st 2012)
Criminal:
Non jury verdict; conspiracy to assault child; agreement to commit criminal acts; renouncement; evidence from Internet chats; overt acts
(mathers042712L)
(Posted: May 1st 2012)
Criminal:
Appeal
(Burks042712L)
(Posted: May 1st 2012)
Criminal:
Appeal; credit for time served not raised in sentencing hearing; request for remand to address; double jeopardy issue; issue applying to other case not involved in direct appeal
(drick050112L)
(Posted: May 1st 2012)
Criminal:
Post sentence motion; terroristic threats; weight of the evidence; credibility of witnesses; mere spur-of-the-moment threat; evidence of intoxication; need for blood or breath testing; claimed excessive sentence; significant criminal history
(Benson050112L)
(Posted: May 1st 2012)
Criminal:
Appeal; petition for return of property; derivative contraband; specificity of notice of hearing; supplemental order more than 30 days after initial order; collateral estoppel; lack of factual dispute; treatment of supplemental order as if summary judgment were filed; waiver of objections
(Cobbs042412L)
(Posted: April 25th 2012)
Criminal:
Defendant's motion in limine; prior bad acts evidence; other assaults; relevance; potential of prejudice outweighing probative value
(Trapp042312L)
(Posted: April 25th 2012)
Criminal:
Appeal; Megan's Law registration; claimed homelessness; temporary abode
(hartsock042512a)
(Posted: April 25th 2012)
Civil:
Petition for appointment of viewers; declaration of taking for easement to place sewer lines; attempt to have the borough include additional parts of the property
(nolancondemnation042512a)
(Posted: April 25th 2012)
Civil:
Appeal; Private Road Act; impact of Eminent Domain Code; exercise of eminent domain occurring prior to acquisition of property; public versus private purpose issue
(rapp042312a)
(Posted: April 24th 2012)
Custody:
Motion to relocate child to neighboring county; autistic child; educational needs; factors to be considered under newly enacted Child Custody Act
(DJS042312g)
(Posted: April 24th 2012)
Meyers vs Carey. Tilva. West Branch Orthopaedics & Sports Medicine, Inc.; Susquehanna Regional Healthcare Alliance, Inc., Susquehanna Regional Healthcare Alliance t/d/b/a Susquehanna Health and Divine Providence Hospital
4.24.2012
Richard A. Gray
Civil:
Preliminary objections to new matter; affirmative defenses pleaded without material facts; defenses by operation of law; affirmative defenses in the Health Care Services Malpractice Act and the MCARE Act; statute of limitations defense
(Meyers042412g)
(Posted: April 24th 2012)
Criminal:
Petition for writ of habeas corpus; theft by deception charge related to contractor taking money and not preforming work; fraudulent intent; prima facie case
(Stahl032012L)
(Posted: April 21st 2012)
Criminal:
Commonwealth motion to nolle prosequi charges; defendant's request for dismissal of charges with prejudice; charges relating to assault of a child; impossibility of Commonwealth to present case due to inability of child to remember any of the alleged abuse; child's memory tainted by discussions with mother.
(Hayduk041112L)
(Posted: April 21st 2012)
Criminal:
Suppression motion; vehicle stop; reasonable suspicion; out of area vehicle with tinted windows in high crime area; custodial detention; canine sniff; justification for seizure of vehicle while securing a search warrant; discovery motion; motion to disclose evidence of bad acts
(lewis041612L)
(Posted: April 21st 2012)
Criminal:
Appeal; requested dismissal under rule 110; prior prosecution and conviction for offenses arising from same criminal episode; sexual assault offenses involving different people; timeliness of appeal; definition of single criminal episode; claimed new evidence in brief justifying renewal of dismissal motion
(Barto041612L)
(Posted: April 21st 2012)
Criminal:
Motion to modify bail; factors to be considered; flight risk, safety of the community and seriousness of the charges
(Grissom41812m)
(Posted: April 21st 2012)
Civil:
Preliminary objections; claimed child abuse by another child while in day care program; caregiver-child relationship giving rise to fiduciary duty; negligent infliction of emotional distress
(amos041912a)
(Posted: April 21st 2012)
Civil:
Motion for summary judgment; fall in pothole; plaintiff duty to prove location of pothole is under defendant's control; subsequent repairs of pothole demonstrating ownership and control
(fulkrod041912a)
(Posted: April 21st 2012)
Wills and Estates:
Petition for reformation of trust; irrevocable supplemental needs trust; successor beneficiaries not named; scrivener's error in failing to complete trust agreement as intended by settlor; parol evidence
(Loch041912L)
(Posted: April 21st 2012)
Civil:
Preliminary objections; action on a bond; compliance with conditions precedent; duty to pay under bond; statute of limitations
(inpro041912g)
(Posted: April 19th 2012)
Civil:
Partition action; exceptions to master's report; proper calculation of contributions of the parties and allocation of appreciation of value; assessment of fair rental value
(kuhns041712a)
(Posted: April 17th 2012)
Conestoga Ceramic Tile Distributors, Inc. vs. Travelers Casualty and Surety Company of America, IMC Construction, Inc., Profast Commercial Flooring, Inc. and Pennsylvania College of Technology
3.30.2012
Dudley N. Anderson
Civil:
Preliminary objections; specificity of pleading; state of the record
(conestoga033012a)
(Posted: April 16th 2012)
Civil:
Motion in limine; admissibility of evidence of prior falls in parking lot; lack of similarity of circumstances of falls; motion for summary judgment; duty to protect invitees from obvious conditions; jury question as to obviousness of raised nature of speed bump
(waldo041112a)
(Posted: April 11th 2012)
Criminal:
Post conviction relief act petition; motion to withdraw as counsel; discovery concerning criminal history of witness not testifying at trial; refusal to allow hearsay testimony as violating the confrontation clause; validity of waiver of jury trial; waiver of objection to case stated presentation of facts
(Clark040412bt)
(Posted: April 5th 2012)
Criminal:
Post conviction relief act petition; timeliness; claim that IP revocation must be heard by original judge
(Keels040412bt)
(Posted: April 5th 2012)
Criminal:
Motion to quash information; prosecution barred by guilty plea to offense arising from same incident; unrelated charges; temporal and logical relationship of charges
(Mott040512bt)
(Posted: April 5th 2012)
Divorce:
Petition for contempt or for enforcement of property agreement; reliance on inaccurate pension modeling statement; mutual mistake of fact; knowledge of both parties; reformation of the agreement used sparingly; heavy burden of proof; willful non-compliance with non disputed transfers
(Vierra040212m)
(Posted: April 4th 2012)
Custody, Support:
Exceptions to family court order; contribution to child care expense where spouse is available to provide care at no cost; issue determined as part of the support obligation or a custody issue
(tawney040312a)
(Posted: April 4th 2012)
Civil:
Motion for preliminary injunction; student drug testing policy; drug testing for participation in any extracurricular activity; likelihood of success on the merits; need for actual showing of the specific need for random drug testing policy; statistical evidence of drug and alcohol use in school district; immediate and irreparable harm; fundamental right to privacy; right to participate in extracurricular activities
(fagnano040412g)
(Posted: April 4th 2012)
Cornwall Mountain Investments, L.P. vs. Thomas E. Proctor Heirs Trust, et al.
3.30.2012
Dudley N. Anderson
Civil:
Preliminary objections; sufficiency of pleading of adverse possession; amendment of the pleading
(cornwall033012a)
(Posted: March 30th 2012)
Criminal:
Post sentence motions; pro se representation at trial; gun possession and assault case; due process clause requiring fingerprinting, photographing and Miranda rights; confrontation clause requiring that the victims testify at trial; waiver; claimed discovery violation for failure to receive incident report; lack of prejudice; sufficiency of evidence; claim that gun was tampered with because it was tested by an expert; timeliness of sentencing; weight of the evidence
(Sowell032912L)
(Posted: March 30th 2012)
Criminal:
Post sentence motion; rule 600 issue; excludable time; time of pending pre-trial motion; successful Commonwealth appeal of dismissal of charges; sufficiency of evidence of obstruction of evidence; advising party to provide false information to the investigating agent; renunciation defense; conspiracy and solicitation; waiver of claims; failure to object to jury instructions; failure to object to question; sufficiency of evidence of record tampering; submitting false records to PaDOT; jurisdiction of Attorney General's office to investigate incidents not specifically listed in the referral
(Ungard030712Leete)
(Posted: March 29th 2012)
Criminal:
Pro se motion for dismissal, remand or writ of habeas corpus; discretion of Magisterial District Judge to not accept a guilty plea; claimed violation of due process by not accepting guilty plea; claimed equal protection violation in that magisterial court sentence is less intrusive that a common pleas court sentence; criteria for certification for an immediate appeal
(kaye031912L)
(Posted: March 29th 2012)
Criminal:
Delinquency case; motion to transfer to adult criminal court; reasonable grounds to believe public interest served by transfer; exhaustion of community based rehabilitation programs; continued criminal behavior; disinterested behavior at hearing
(df031912L)
(Posted: March 29th 2012)
Wills and Estates:
Declaratory judgment; interpretation of trust agreements; revocable living trust; setting aside exercise of power of appointment due to undue influence; incorrect placement of assets in a trust; taxation based on incorrect allocation; estoppel; lack of prior judicial determination; interpretation of the trust agreements in context; intention of parties to trust agreements
(Rogers031612L)
(Posted: March 29th 2012)
Adoption:
Involuntary termination of parental rights; motion for bonding assessment; request for appointment of bonding expert to be paid by County; necessity of expert testimony; duty of County to subsidize private litigants expert witness costs
(ew031912L)
(Posted: March 29th 2012)
Criminal:
Appeal; probation violation; double jeopardy claim; legality of sentence
(Kreamer032112L)
(Posted: March 29th 2012)
Criminal:
Appeal; parole and probation violations; excessive sentence claim; likelihood of committing another crime; ineffective efforts to rehabilitate short of incarceration; claim of conflict of interest due to parents' employment by the county
(Bachman032112L)
(Posted: March 29th 2012)
Civil:
Award of attorney's fees as a damage covered by the preliminary bond imposition; injunction request; taxable costs allowed
(Bidlespacher032612bt)
(Posted: March 29th 2012)
Cornwall Mountain Investments, L.P. vs. Thomas E. Proctor Heirs Trust, et al.
3.29.2012
Dudley N. Anderson
Civil:
Motion for partial default judgment; ability of successor or assignee of rights to file an answer to a pleading on behalf of the assignor of rights
(cornwall032912a)
(Posted: March 29th 2012)
Support:
Jurisdiction of the court during an appeal to hear support petition; direct relationship of petition to matter on appeal
(Stark31612m)
(Posted: March 28th 2012)
Criminal:
Preliminary objections; action for invasion of privacy and conversion; unauthorized use of photographs from family website for commercial purposes; jurisdiction; causing harm in Pennsylvania; knowledge that the photographs were from Pennsylvania residents
(wentzel032812a)
(Posted: March 28th 2012)
Criminal:
Appeal
(Montgomery032612bt)
(Posted: March 26th 2012)
Divorce:
Petition to enforce property agreement; cross-petition for counsel fees; conflicting claims of delay; wife's demand that QDRO be signed within 16 days when wife delayed drafting QDRO for 5 months
(Gridley32012m)
(Posted: March 22nd 2012)
Criminal:
Appeal
(Johnson031612bt)
(Posted: March 18th 2012)
Civil:
Motion to strike or open confessed judgment; timeliness where judgment confessed in 2008; applicability of deficiency judgment act to deed in lieu of foreclosure; validity of judgment
(JSSB031212g)
(Posted: March 12th 2012)
Criminal:
Motion to suppress; vehicle stop; drug case; reasonable suspicion to stop vehicle; vehicle code violation; observation of marijuana; search subsequent to arrest; custodial inventory search of vehicle
(Mullen030912bt)
(Posted: March 9th 2012)
Criminal:
Appeal; excessive sentence; DUI; court discretion; old prior offenses; accident; drinking problem
(Seese030912by)
(Posted: March 9th 2012)
Civil:
Preliminary objections; action on a note; question of personal jurisdiction; Florida resident; only claimed Pennsylvania contact is Pennsylvania address listed on note
(Wells021712g)
(Posted: March 7th 2012)
Criminal:
Appeal; perjury charges relating to alibi testimony at trial for drug transactions; claim of collateral estoppel due to acquittal; lack of specific jury finding on issue of truthfulness of testimony; motion in limine; exclusion of testimony of acquittal in prior trial; exclusion of questions relating to officer bias; admission of voice identification evidence without playing the taped voice; missing witness instruction relating to confidential informant; preservation of issues for appeal; lack of objection to evidence; violation of discovery rules; allowing witness (former defense counsel who currently worked as prosecutor) to review file notes to refresh memory; prejudice
(Cormier022712L)
(Posted: March 7th 2012)
Civil:
Preliminary injunction; use of right-of-way; parol evidence; fraud
(Anadarko030112g)
(Posted: March 7th 2012)
Criminal:
Appeal; refusal to grant mistrial; police officer's volunteered information about defendant's association with drug dealers; previous, unobjected to disclosure of same information
(Rogers030612bt)
(Posted: March 7th 2012)
Civil:
Appeal; unduly harsh and excessive sentence; court discretion; applicability of sentencing guidelines to sentence after violation of probation; drug use during probation; propensity to commit another crime; failure of drug treatment opportunities
(Fulton030612bt)
(Posted: March 7th 2012)
Criminal:
Pro se post conviction relief act petition; timeliness; failure to state facts to establish an exception to time deadline; jurisdiction of the court
(Knight030612bt)
(Posted: March 7th 2012)
Criminal:
Amended post conviction relief act petition; ineffective counsel; failure to file post trial motion; robbery convictions; challenge to photo array given in absence of defense counsel; independent basis for in-court identification; Unduly suggestive photo array
(Johnson030712bt)
(Posted: March 7th 2012)
Lycoming Law Association
Address
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Suite 803
Williamsport, PA 17701
