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:
Motions to suppress and dismiss; Miranda warnings; question of custodial interrogation; voluntary interview; booking questions designed to determine if defendant was an addict or user of narcotics; canine sniff of house for drugs after permission to search given in shooting investigation; claimed vindictive prosecution because of refusal to testify
(mutchler082911L)
(Posted: September 12th 2011)
Criminal:
Petition for habeas corpus; assault and endangering the welfare of children; hearsay evidence; excited utterances to 911 operator; independent evidence of a startling event; right to confront witness
(reeves080311L)
(Posted: September 12th 2011)
Criminal:
Commonwealth's motion to reconsider new trial order; after discovered evidence; credibility of recantation testimony
(Moore090811L)
(Posted: September 12th 2011)
Criminal:
Appeal
(Fields090611g)
(Posted: September 9th 2011)
Criminal:
Motion to preclude insanity defense; expert opinion meeting the definition of any legally recognized mental infirmity defense; element of appreciation
(Johnson082611bt)
(Posted: September 7th 2011)
Divorce:
Motion to strike marital property settlement agreement favoring one party because of health issues; claim that health is better than represented; fraud in the inducement; need for clear and convincing evidence; adequacy of proof
(huber090711a)
(Posted: September 7th 2011)
Divorce:
Exceptions to child support order; minimum wage income assessment; claimed inability to work because of medical appointments; calculation of income
(ritter090711a)
(Posted: September 7th 2011)
Criminal:
Post conviction relief act petition; drug case; ineffective counsel; failure to file suppression motion relating to probable cause to search a residence and claimed violation of the knock and announce rule; stale information in affidavit; overbroad warrant; objecting to trial testimony about unrelated criminal activity; advice to defendant on right to testify at trial
(Howard090111bt)
(Posted: September 7th 2011)
Criminal:
Appeal
(Weeks090611bt)
(Posted: September 7th 2011)
Criminal:
Post conviction relief act petition; drug case; ineffective counsel; factual basis for plea on weapon change; timing of notice of intent to seek 5 year mandatory gun enhancement sentence; advising guilty plea before obtaining discovery; knowing, voluntary, and intelligent plea; failure to move to suppress evidence; waiver of motions by pleading guilty; incorrectly calculated prior record score
(Scott090711bt)
(Posted: September 7th 2011)
Criminal:
Appeal
(Harrold090611bt)
(Posted: September 7th 2011)
Criminal:
Appeal
(Hoskins090611bt)
(Posted: September 7th 2011)
Criminal:
Post conviction relief act petition; ineffective counsel; proof needed to establish suggestive photo identification; prejudice from providing handwritten criminal histories of Commonwealth witnesses; prejudicial closing arguments of prosecutor
(Johnson090111bt)
(Posted: September 7th 2011)
Civil:
Motion for summary judgment; limited tort motor vehicle insurance policy; question of serious injury; factual issues for jury
(Meyer090711g)
(Posted: September 7th 2011)
Criminal:
Appeal
(Andrews090611bt)
(Posted: September 6th 2011)
Divorce:
Petition to vacate divorce decree to raise economic issues; time limitation; defect on the face of the record or fraud; waiver by failure to raise economic issues in counterclaim; claimed due process violation; failure to follow rules of procedure to preserve claims
(Forba83011m)
(Posted: September 1st 2011)
Criminal:
Appeal; challenge to discretionary aspects of sentence; extensive prior record; significance of old, foreign convictions; eligibility for RRRI sentence
(Stanton083011bt)
(Posted: August 31st 2011)
Criminal:
Appeal; claimed excessive sentence; sexual abuse of a minor; challenge to the discretionary aspect of the sentence; compliance with plea agreement
(Aul080511bt)
(Posted: August 30th 2011)
Civil:
Preliminary objection to counterclaim on appeal from magisterial district judge decision; issues addressed in hearing; de novo hearing in common pleas court
(Pursel083011g)
(Posted: August 30th 2011)
Criminal:
Appeal; repeated parole violations; sentencing discretion of the court; claimed excessive sentence
(Dahl082411bt)
(Posted: August 26th 2011)
Criminal:
Motion for new trial based on after-discovered evidence; rape of unconscious or unaware person; letter written by victim exonerating defendant
(moore080511L)
(Posted: August 22nd 2011)
Criminal:
Suppression motion; DUI case; sufficiency of probable cause affidavit for search warrant of hospital records; witness statements concerning consumption of alcohol prior to vehicle accident
(smith080911L)
(Posted: August 22nd 2011)
Criminal:
Pretrial motion to dismiss; claimed violation of rule 519 requiring the filing of charges within 5 days of arrest; proof of actual prejudice; drug case; availability of abandonment as defense to charge of attempt to possess a controlled substance; applicability of rule 600 to pre-complaint delay
(blair080911L)
(Posted: August 22nd 2011)
Custody:
Petition for special relief requesting court to determine whether child should be enrolled in a Catholic or public school; best interests of the child; comparison of strengths of each school
(JSS081111L)
(Posted: August 22nd 2011)
Criminal:
Suppression motion; vehicle stop; observations of suspicious activity by person driving out-of-town vehicle in high crime area with no apparent purpose for the activity; reasonable suspicion for canine sniff where vehicle exhibits multiple air fresheners, the occupants gave inconsistent versions; habeas corpus petition; sufficiency of evidence of conspiracy to deliver drugs; prima facie case; use of hearsay evidence at preliminary hearing
(diaz081511L)
(Posted: August 22nd 2011)
Criminal:
Motion for nominal bail; rule 600 delay; pending drug court application not excludable time without waiver of speedy trial rights; unavailability of counsel for dates when case called for trial
(Coleman081511L)
(Posted: August 22nd 2011)
Criminal:
Summary appeal of “Unlawful Activities” conviction; trucking regulations; 14-hour rule; applicability of exception for waiting time for drivers of specialty vehicles at gas site for vehicles delivering sand
(strubletrucking082211a)
(Posted: August 22nd 2011)
Support, Divorce:
Petition to terminate or modify post nuptial agreement; husband's lack of legal representation at time agreement entered; modification of agreement due to changed circumstances; unconscionability; ability to afford payments
(Speary081611m)
(Posted: August 18th 2011)
Custody:
Petition to establish jurisdiction to modify Montgomery County custody order; residence in Lycoming County for four years; need for Montgomery County to relinquish exclusive continuing jurisdiction
(Boughter81511m)
(Posted: August 16th 2011)
Custody:
Appeal; relocation of parent to another state; factors applicable to custody order allowing relocation of the child
(Fenderson081011m)
(Posted: August 13th 2011)
Adoption:
Petition for Involuntary Termination of Parental Rights; settled purpose of relinquishing parental rights or incapacity or refusal to provide the child with essential care; parent has no independent housing or full-time employment, but attends regular visits; authority of court to terminate the rights of one parent but not the other
(tj081111m)
(Posted: August 13th 2011)
Criminal:
Post sentence motion; sufficiency of evidence of attempted murder; conduct evidencing intent to harm; pointing a weapon and pulling the trigger requires use of deadly weapon used matrix whether or not the weapon discharges
(Hoskins081011bt)
(Posted: August 13th 2011)
Criminal:
Petition for writ of habeas corpus; welfare fraud; disclosure of material facts relating to receipt of child care benefits; disclosure of hours worked and employer change
(Massey080311br)
(Posted: August 4th 2011)
Criminal:
Suppression motion; warrantless search of house after resident was violently attacked in the house; exigent circumstances; drug paraphernalia in plain sight; sufficiency of facts for issuance of search warrant; breadth of search
(Nordstrom080311bt)
(Posted: August 4th 2011)
Criminal:
Suppression motion; vehicle stop; plain feel doctrine; sufficiency of facts to establish need for pat-down search; lack of evidence of weapon possession; habeas corpus relief
(Mullen080111L)
(Posted: August 3rd 2011)
Criminal:
Suppression motion; probable cause to stop vehicle; observation of traffic violation; need to establish probable cause to request driver of stopped vehicle to exit vehicle; protective weapons search of the interior of stopped vehicle; suspicious activity in vehicle; scope of inventory search of seized vehicle
(johnson080111L)
(Posted: August 3rd 2011)
Criminal:
Appeal; sufficiency of evidence of unlawful contact with minor; definition of contact under the statute
(Haught080211bt)
(Posted: August 3rd 2011)
Criminal:
Appeal; sentencing discretion; discretionary aspects of the sentence; factors including extensive felony criminal history, violations of probation, drug and alcohol use
(White080211bt)
(Posted: August 3rd 2011)
Civil:
Motion to dismiss private road action; constitutionality of the Private Road Act; public benefit; motion for hearing to establish easement; easement implied by reservation or by implication; continuous use; necessity of easement; coordinate jurisdiction rule; limited purpose of hearing before prior judge.
(barnard072611v)
(Posted: July 27th 2011)
Civil:
Motion for judgment on the pleadings; action to quiet title; right of first refusal; statute of limitations; applicability of discovery rule to recorded documents; preservation of issues in the pleadings; motion to strike lis pendens
(JVT072611g)
(Posted: July 26th 2011)
Civil:
Non jury trial; action to quiet title and for ejectment; competing surveys; courses and distances give way to monuments on the ground; parol evidence; boundary retracement; doctrine of consentable lines; establishing by dispute and compromise; non contiguous fence as consentable line
(Hess072611g)
(Posted: July 26th 2011)
Criminal:
Appeal
(Lyons072111bt)
(Posted: July 24th 2011)
Criminal:
Appeal
(Ringkamp072211bt)
(Posted: July 24th 2011)
Criminal:
Appeal; consideration of mitigating circumstances where there is a plea agreement; claim of ineffective assistance of counsel relating to guilty plea; knowing and voluntary plea; issues discussed at guilty plea hearing
(Zeigler072111bt)
(Posted: July 24th 2011)
Criminal:
Non-jury verdict; attempted homicide and assault; elements of the offenses; sufficiency of the evidence
(cooper072011bt)
(Posted: July 20th 2011)
Civil:
Hearing for permanent injunction; mootness; student discipline; arbitrary or capricious action; remand for administrative action
(jodun072011a)
(Posted: July 20th 2011)
Custody:
Venue change; primary residence of child is York County with mother; Lycoming County action and order; pending motion of father for modification in Lycoming County; significant connections to Lycoming County; exclusive continuing jurisdiction; inconvenient forum; lack of overriding factors.
(JP071511m)
(Posted: July 19th 2011)
Custody:
Shared custody of kindergarten age twins; parents residing in different local school districts; factors to consider in determining which school children will attend
(finck070811b)
(Posted: July 15th 2011)
Criminal:
Post conviction relief act petition; ineffective counsel; cross examination of witnesses; establishing a different result due to proposed questioning; overwhelming testimony at trial; trial tactics; failure to call witness; failure to call character witnesses; witnesses' testimony not resulting in different result
(Fields071211g)
(Posted: July 14th 2011)
Rose Valley/Mill Creek Watershed Association vs. Lycoming County Planning Commission vs. Maguire; Gamble Township, intervener
7.6.2011
Richard A. Gray
Administrative Appeal:
Motion to quash appeal; standing; bond; adequacy of the record below
(Rose070611g)
(Posted: July 8th 2011)
Criminal:
Petition for writ of habeas corpus; prison fight; one punch as sufficient to establish attempt to commit serious bodily injury; conspiracy; appearing to act as a lookout; feet and shoes as deadly weapons
(HMills070811bt)
(Posted: July 8th 2011)
Criminal:
Post conviction relief act petition; remand from Superior Court; ineffective counsel; failure to inform defendant of right to call character witnesses; court's independent determination that proposed character witness testimony would have been detrimental to the case
(Harrold070811bt)
(Posted: July 8th 2011)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of possession of drugs and weapon; constructive possession of items found in defendant's home and in his clothing; amount of cash and packaging and amount of cocaine as proof of intent to deliver; suppression motion; search incident to the execution of a felony arrest warrant; scope of search; Miranda warnings; voluntary statements by defendant
(Mills070811bt)
(Posted: July 8th 2011)
Criminal:
Commonwealth motion in limine; admissibility of admissions made by defendant in prison disciplinary hearing; lack of Miranda warnings; applicability of Miranda rule to prison officials; prior ruling on same issue; agreement of Commonwealth in pre-trial proceeding; coordinate jurisdiction rule
(Worthy061311L)
(Posted: July 6th 2011)
Criminal:
Motion to suppress; DUI case; Miranda warnings; custodial interrogation; motion to dismiss; probable cause to arrest; arrest based on observations of police officers; sufficiency of evidence that defendant operated vehicle while under the influence; lack of evidence concerning timing of blood sample; two-hour rule
(pophal061311L)
(Posted: July 6th 2011)
Criminal:
Motion in limine; introducing evidence that victim read about defendant's sex crime involving another victim, to explain late report of sexual molestation; prejudice
(Wyland062311L)
(Posted: July 6th 2011)
Criminal:
Appeal.
(Hoyt070111bt)
(Posted: July 6th 2011)
Criminal:
Appeal; amending criminal information at time of trial to change dates of crimes; admitting evidence of defendant's having a sex club in case involving solicitation of a minor; probative value outweighing prejudice; sexual violent predator finding; expert testimony; failure to address issues that need a trial transcript due to non-payment of transcript cost
(Bodle070611g)
(Posted: July 6th 2011)
Criminal:
Appeal
(Bricker070611g)
(Posted: July 6th 2011)
Custody:
Motion to suspend family counseling; custody dispute between mother and grandmother; counseling ordered in attempt to restore relationship between the child, mother and grandmother; inability of child to associate with mother due to past history of abuse
(miller062411a)
(Posted: June 27th 2011)
Criminal:
Appeal; dismissal of post conviction hearing act petition
(Deas041911bt)
(Posted: June 24th 2011)
Criminal:
Appeal
(Dunkleberger062411g)
(Posted: June 24th 2011)
Civil:
Motion to strike default judgment; bankruptcy pending at the time complaint filed, but subsequently dismissed; complaint filed in violation of automatic stay is void ab initio
(Winner062211g)
(Posted: June 23rd 2011)
Criminal:
Appeal; sufficiency of the evidence to support guilty verdict; waiver of appeal; timeliness of rule 1925 statement; actual possession of drugs; evidence to establish intent to deliver; overwhelming evidence of guilt
(White62211m)
(Posted: June 23rd 2011)
Kropp, McCracken, Stroble & Cupp vs. South Williamsport Zoning Hearing Board vs. Shannon Properties, L.P.
6.22.2011
Richard A. Gray
Administrative Appeal:
Appeal of approval of application for proposed use; board's interpretation of zoning ordinance; definition of retail, wholesale, office, service or repair business; discretion of the zoning hearing board
(Kropp062211g)
(Posted: June 23rd 2011)
Civil:
Motion to disqualify counsel; inadequate conflict check; wife's attorney meeting with and discussing case with husband, obtaining information that could be significantly harmful to husband if used against him; Pennsylvania Rule of Professional Conduct 1.18
(Larson62011m)
(Posted: June 20th 2011)
Civil:
Appeal; statute of limitations; defenses of laches and unclean hands; breach of contract claim; court's consideration of testimony in deciding case
(Morrone061611g)
(Posted: June 17th 2011)
Criminal:
Appeal; post conviction relief act petition; claim of ineffective counsel; valid issues under the statute; authority of counsel to file no-merit letter and withdraw from the case; entitlement to new counsel on second petition
(Ricks061311bt)
(Posted: June 15th 2011)
Criminal:
Appeal; denial of post conviction relief act petition
(Best061311bt)
(Posted: June 15th 2011)
Divorce:
Motion to strike marital settlement agreement; claim of fraud due to misrepresentation of state of spouse's health; settlement agreement not addressing spouse's health; use of parol evidence to prove fraud in the inducement.
(huber061411a)
(Posted: June 14th 2011)
Criminal:
Habeas corpus petition; license or privilege to enter apartment in which defendant had previously resided; forcefully entering through locked door at unscheduled time
(Bloom060311L)
(Posted: June 13th 2011)
Jodun vs. Jersey Shore Area School District; Reidell vs. Jersey Shore Area School District
6.10.2011
Dudley N. Anderson
Civil:
Supplemental opinion; school board authority; graduation ceremony is an other activity related to the school program, as described by the School Code
(jodun061011a)
(Posted: June 13th 2011)
Criminal:
Motion for nominal bail; Rule 600; excludable time due to pretrial motions
(Sowell061011L)
(Posted: June 13th 2011)
Criminal:
Motion to suppress; drug case; forced abandonment of drugs; authority of police to require a passenger in vehicle stopped for traffic violation to stay in or return to the vehicle; Miranda warnings
(Howard060911bt)
(Posted: June 10th 2011)
Criminal:
Motion to suppress and petition for habeas corpus; claimed forced abandonment of drugs; officer following defendant after brief encounter; lack of seizure of defendant; prima facie case of drug possession
(Boothe060911bt)
(Posted: June 10th 2011)
Divorce:
Motion to vacate divorce decree; failure to determine existing property rights; failure of pleading to include claim for economic relief; economic claim made in counter affidavit under Divorce Code section 3301(d); statute of limitations; lack of fraud or fatal defect on face of record.
(cf060311m)
(Posted: June 7th 2011)
Civil:
Motions for summary judgment; contract interpretation; return of deposit on termination of land sale agreement; modification of agreement by inference; waiver of due diligence requirement; accrual of interest
(rbmontoursville060711a)
(Posted: June 7th 2011)
Criminal:
Appeal
(Price052511L)
(Posted: June 2nd 2011)
Jodun vs. Jersey Shore Area School District; Reidell vs. Jersey Shore Area School District
6.2.2011
Dudley N. Anderson
Civil:
Motions for preliminary injunction; discipline of high school students for attending an underage drinking party; participation in extracurricular activities; reliance on information posted on Facebook; attributing a violation of school alcohol policy to any person present at a party where alcohol was served; immediate and irreparable harm
(jodun060211a)
(Posted: June 2nd 2011)
Criminal:
Suppression motion; DUI; jurisdiction of police officer; appointment of special county detectives by court order under 16 P.S. §1441; DUI roving patrol; probable cause to stop vehicle; officer's observation of erratic driving; Miranda rights waiver issue
(Rigdon052711bt)
(Posted: June 1st 2011)
Criminal:
Appeal; denial of mistrial motion; communication between juror and investigating officer at trial; waiver of issue by counsel failing to make a record of the incident; lack of showing of juror bias; sufficiency of evidence of drug possession with intent to deliver and related offenses; weight of the evidence; eligibility for RRRI program; history of violent behavior, with no convictions; claim of excessive sentence.
(Mills050211L)
(Posted: May 25th 2011)
Criminal:
Motion to suppress; DUI case; observations of erratic driving; reasonable suspicion that defendant was driving under the influence of alcohol
(BECKER050411L)
(Posted: May 25th 2011)
Criminal:
Application for early parole or to reduce sentence; jurisdiction; exclusive authority of Pa. Board of Probation and Parole to determine parole for sentences over 2 years
(Reed050511L)
(Posted: May 25th 2011)
Criminal:
Appeal
(Smith050511L)
(Posted: May 25th 2011)
Criminal:
Defendant's motion in limine; evidence of other crimes; common plan, scheme or design; high correlation in details of crimes; possible prejudice; identification issues
(Brown050911L)
(Posted: May 25th 2011)
Criminal:
Motion for reconsideration of sentence nunc pro tunc; jurisdiction of court after 30 days; failure of court to advise defendant of post sentence and appeal rights; breakdown in the processes of the court; illegal sentence; statutory scheme that makes no sense in the real world of sentencing defendants
(robinson051811L)
(Posted: May 25th 2011)
Criminal:
Motion to dismiss; claim that prosecution barred due to former prosecution; compulsory joinder rule; offenses arising from clearly different factual scenarios, relating to different victims and witnesses; motion to be heard despite late filing in the interests of justice, to avoid duplicative trials and preserve judicial resources
(Barto051911L)
(Posted: May 25th 2011)
Criminal:
Motion to consolidate; conspiracy involving an assault; prejudice claimed due to one defendant's claim of lesser involvement in the assault
(Ali051811L)
(Posted: May 25th 2011)
Criminal:
Appeal; revocation of probation; claim of excessive sentence; failure to preserve objections to discretionary aspect of sentence; need for drug and alcohol treatment; alcohol playing a part of every crime committed; incarceration only way to keep defendant sober
(Jalonski52511m)
(Posted: May 25th 2011)
Civil:
Motion for summary judgment; trip and fall in pothole in crosswalk; issue of notice and time to remedy; constructive notice
(preston052411a)
(Posted: May 25th 2011)
Civil:
Preliminary objections; issue of whether a particular dispute falls within a contractual arbitration provision; question of law for court; nursing home admission agreement; accident during transportation to nursing home
(Rauch052311g)
(Posted: May 23rd 2011)
Divorce:
Exceptions to alimony pendente lite award; reduction of alimony payment for payment of marital debt; factors to be considered in equitable distribution; earning capacity; relationship of alimony pendente lite award to actual need; obligation to pay taxes on Social Security disability benefits; deviation in obligation to pay alimony due to cost of Medicare insurance in light of significant medical needs; formula for computing alimony pendente lite
(pac051711m)
(Posted: May 19th 2011)
Criminal:
Appeal; allowing a trial witness to take stand and assert right to remain silent on certain questions while answering others
(Gainey051211bt)
(Posted: May 12th 2011)
Criminal:
Post-sentence motion; sufficiency and weight of the evidence; proof of possession of gun by person not permitted to possess a firearm; occupancy of place where gun found; influence of police on a witness who was told of the penalty for perjury
(Weeks051211bt)
(Posted: May 12th 2011)
Criminal:
Post trial motion; claim of excessive sentence; solicitation of sexual offenses involving juveniles; danger of defendant to public; predatory nature of criminal conduct; sufficiency of evidence of solicitation where defendant solicited juveniles to engage in sex; harmless error
(Bricker051011g)
(Posted: May 10th 2011)
Criminal:
Appeal; ineffective trial counsel; claimed failure of counsel to investigate sentencing exposure; knowledge of defendant of errant prior record score; failure of counsel to advise defendant to withdraw guilty plea or appeal; lack of prejudice; lack of evidence of request to file appeal; need for evidentiary hearing on post conviction relief act petition; lack of fact issues.
(Grissom032310bt)
(Posted: May 6th 2011)
Criminal:
Post conviction relief act petition; motion of counsel to withdraw; effectiveness of counsel; Miranda rights; suggestive photo array; propriety of in court identification.
(Williams041511bt)
(Posted: May 6th 2011)
Civil:
Motion for summary judgment; trip and fall on sidewalk; trivial defect; 1/2 inch rise between sections of sidewalk
(perry-stabler050611a)
(Posted: May 6th 2011)
Divorce:
Petition to enforce settlement agreement reached before family court hearing officer on the record; failure to reduce agreement to writing; compelling spouse to sign affidavit of consent
(Winder5611m)
(Posted: May 6th 2011)
Criminal:
Petition for writ of habeas corpus; prima facie case; receiving stolen property charge; possession of copper pipe that was stolen.
(Howard042511bt)
(Posted: May 5th 2011)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
