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:
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)
Civil:
Motions for summary judgment and for leave to amend complaint; injunction action for acts of claimed agent of defendant; sufficiency of evidence that defendant ratified acts of claimed agent; factual issue involving counter-claim for invasion of privacy; duty of landlord to control conduct of tenants
(porchia030612a)
(Posted: March 6th 2012)
Pennsylvania General Energy Company, LLC. vs. Watson Township Zoning Hearing Board
3.6.2012
Dudley N. Anderson
Administrative Appeal:
Land use appeal; use of property as office and water transfer station; burden of proof; residential district; permitted or special exception uses; variance request; continuation of nonconforming use; abandonment of use; error of law or abuse of discretion
(pageneralenergyco030612a)
(Posted: March 6th 2012)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of burglary; failure to have preliminary hearing testimony transcribed; sufficiency of the facts alleged in the petition; boilerplate averment of insufficient evidence
(willits020712L)
(Posted: March 2nd 2012)
Criminal:
Post conviction relief act petition; drug case; claimed ineffective counsel; timeliness of the petition; possible exception to the 1 year limitation; failure of appointed counsel to contact defendant
(Holmes020612L)
(Posted: March 2nd 2012)
Criminal:
Motion to dismiss; rule 600; failure of defendant to appear at preliminary hearing due to incarceration; lack of notice to defendant; Commonwealth attorney responsible for incarceration also prosecuting new case
(Grobes021412L)
(Posted: March 2nd 2012)
Criminal:
Post-sentence motion; weapon possession; weight of the evidence; circumstantial evidence of possession; admissibility of evidence concerning drugs found in vicinity of defendant; circumstantial evidence of drug transaction; motion to reconsider sentence; reasonableness of sentence of defiant young man not willing to accept accountability and ignorant of harm he caused
(burks021412L)
(Posted: March 2nd 2012)
Criminal:
Appeal; theft conviction; weight and sufficiency of the evidence
(Huff022912bt)
(Posted: March 1st 2012)
Civil:
Appeal; quiet title and ejectment case; waiver of claims; relationship of consentable lines doctrine to quiet title claims
(hess022912g)
(Posted: February 29th 2012)
Criminal:
Appeal; suppression motion; DUI conviction; probable cause to stop; speeding detected by VASCAR; failure to introduce certification of VASCAR at suppression hearing
(Dimassimo022712bt)
(Posted: February 27th 2012)
Criminal:
Appeal; claimed excessive sentence; revocation of probation; multiple violations of conditions of probation; sentence within guidelines
(Green022712bt)
(Posted: February 27th 2012)
Criminal:
Appeal; post conviction relief act petition denial
(Monroe022312bt)
(Posted: February 27th 2012)
Criminal:
Post conviction relief act petition; timeliness
(Rhines022712bt)
(Posted: February 27th 2012)
Criminal:
Motion for severance of counts; theft offenses; separate victims of different theft schemes; crimes not admissible in trial of the other
(mckissick022112a)
(Posted: February 21st 2012)
Civil:
Custody claim; issue of paternity; third party attempting to assert paternity during intact marriage; wife having sexual relations with 2 men at time of conception, prior to her marriage; application of the presumption not advancing the policy of preservation of marriage; genetic testing ordered
(Vickery021612m)
(Posted: February 17th 2012)
Custody:
Petition to transfer venue; spouses residing in different states; hardship for both parents to travel to other state; factors reviewed; existence of overriding factors to prevent litigation from going forward in Lycoming County
(Avalos020812m)
(Posted: February 17th 2012)
Civil:
Motion for preliminary injunction; enforceability of covenant not to compete in employment agreement; employment agreement discussed in the interview, but signed months after employment commenced; no additional consideration when agreement signed; auxiliary part of the taking of employment; scope of covenant to be reasonable in time and territory
(roche021612a)
(Posted: February 16th 2012)
Administrative Appeal:
Appeal of sheriff's decision not to renew license to sell firearms; indictment for violations of firearms laws; providing false information application; federal law preemption; lack of conflict between state and federal firearms laws
(lowe021312g)
(Posted: February 14th 2012)
Criminal:
Post conviction relief act petition; eligibility for relief; currently serving sentence
(Tibbs021412bt)
(Posted: February 14th 2012)
Custody:
Petition to transfer jurisdiction over custody case to New York; primary physical custody in New York; continuing significant connections; nature and quality of child's contacts with Lycoming County
(Baumer020812m)
(Posted: February 9th 2012)
Criminal:
Motion to correct sentence; claimed order by recused judge; authority to lessen or increase conditions of probation
(Colvin020712cpm)
(Posted: February 9th 2012)
Civil:
Motion by husband to strike lien on marital home created by judgment against former wife; home subject to order requiring transfer to husband by former wife; property in custody of court
(midlandfunding020812a)
(Posted: February 8th 2012)
Divorce:
Petition to enforce agreement and for attorney fees; refusal to sign QDRO agreement; determination of the terms of the settlement agreement; silence of the agreement on the division of retirement benefits; use of applicable statute to fill in blanks in agreement
(Young2112m)
(Posted: February 6th 2012)
Criminal:
Post conviction relief act petition; sufficiency of facts for guilty plea to rape of impaired victim; denial of petition of counsel to withdraw from representation; supplemental review of record to determine if claims are meritorious
(hoffman013112L)
(Posted: February 3rd 2012)
Wills and Estates:
Petition to replace executor; petition to list property for sale; dispute over disposition of estate real estate; oil, gas and mineral rights; competing offers from beneficiaries
(coyle020212L)
(Posted: February 3rd 2012)
Criminal:
Petition for habeas corpus; burglary and theft case; prima facie case; circumstantial evidence; time, proximity to the scene of the crime and_x000d_
proximity to the goods stolen; motion to suppress; suggestive photo identification
(Kennel013112bt)
(Posted: February 2nd 2012)
Civil:
Motion to suppress and a petition for writ of habeas corpus; drug case; warrantless search of person; reasonable suspicion; mere flight; use of false name; probable cause developed after detention
(Moore020112bt)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petitions; jurisdiction after appeal
(Mosley013112bt)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petition; timeliness; lack of jurisdiction
(Stafford020112bt)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petition; objection to the dismissal order; claimed misinterpretation of issue raised; ineffective counsel; failure to request transfer to juvenile court
(Williams020112bt)
(Posted: February 2nd 2012)
Civil:
Motion for interpleader; condemnation payment; attorney's lien for fees; exposure to double or multiple liability; unreasonable delay
(horner020212a)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petition; voluntariness of guilty plea; ineffective counsel; waiver of issues not raised on direct appeal
(Copenhaver020112bt)
(Posted: February 1st 2012)
Custody:
Appeal of emergency custody order; notice of hearing time change
(Alexander013012bt)
(Posted: January 31st 2012)
Criminal:
Habeas corpus petition; drug case; sufficiency of the evidence; evidence of possession; constructive possession by residents of household where drugs were found; equal access of another
(mccullough052711L)
(Posted: January 30th 2012)
Criminal:
Post sentence motion; rape of an unconscious or unaware person; weight and sufficiency of evidence; intoxicated victim voluntarily laying down on bed and removing clothing; reconsideration of the sentence; discretion of the court; factors to be considered in sentencing; comparison with sentence of accomplice; consistency of verdict; not guilty verdict on lesser included offense
(moore010512L)
(Posted: January 30th 2012)
Criminal:
Guilty plea; interpretation of plea agreement; mutual mistake as to prior record score; applicability of contract law standards; authorization to withdraw guilty plea
(evans010912L)
(Posted: January 30th 2012)
Criminal:
Motion to suppress; search of a home; drugs in plain view observed while executing an arrest warrant; lack of privacy interest in the premises rented by another; exigent circumstances; presence of firearms; overbroad warrant
(mccullough013012L)
(Posted: January 30th 2012)
Criminal:
Motion to suppress; summary appeal; regulatory checkpoint stop; constitutionality of checkpoint; need for advertisement; requirement of approval by district attorney; substantial compliance with checkpoint guidelines; exceeding administratively approved time
(Crain012712L)
(Posted: January 30th 2012)
Criminal:
Commonwealth motion in limine; prisoner assault case; admission of inmate statement with incendiary language; marginal relevance; possibility of prejudice; waiver of disciplinary hearing as tacit admission of guilt; pre-arrest silence
(ball012512L)
(Posted: January 30th 2012)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
