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; 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)
Adoption:
Motion to dismiss dependency petition; child abuse by one parent; safety plan; definition of a dependent child; willingness of one parent to provide parental care and desire to maintain family unit; minimal violations of the safety plan by father; diligent attempts by mother to comply with safety plan
(AI050411m)
(Posted: May 5th 2011)
Criminal:
Appeal; timeliness of post sentence motion filed by counsel; refusal of court to address timely post sentence motion filed by defendant; right of self representation; sufficiency and weight of evidence in drug delivery case where the physical delivery was made by a third party of drugs ordered from defendant; sentencing discretion
(Jackson050311g)
(Posted: May 4th 2011)
Criminal:
Motion of r return of property; seizure of evidence pursuant to an ongoing investigation of sexual assault; derivative contraband; lack of criminal charges after 4 years of Commonwealth possession of property.
(cobbs040811L)
(Posted: May 2nd 2011)
Criminal:
Post conviction relief act petition; nonsensical motion; reinstating charges dismissed at a preliminary hearing; waiver by pleading guilty; second petition raising the same claims.
(Reynolds041311L)
(Posted: May 2nd 2011)
Criminal:
Motion to suppress identification; suggestive pre-trial identification procedure; showing of single photograph of defendant before showing the photo array; substantial likelihood of misidentification; sufficiently independent origin of identification.
(Brown042011L)
(Posted: May 2nd 2011)
Criminal:
Suppression motion; defendant involved in dispute with cab driver; pat down for weapons; discovery of cocaine during pat down.
(Turner042511bt)
(Posted: April 27th 2011)
Custody:
Aunt and uncle's petition to Intervene in custody action; petitioners possess a parent-child relationship with the children; non-traditional family; standing in loco parentis.
(JM041911m)
(Posted: April 19th 2011)
Criminal:
Post sentence motion; sufficiency of evidence; non-jury trial of drug offenses; probable cause to search camera images
(ringkamp030411br)
(Posted: April 18th 2011)
Criminal:
Non-jury trial; retail theft; sufficiency of evidence that defendant conspired to have a department store cashier give her items without charge.
(baines041811a)
(Posted: April 18th 2011)
Criminal:
Appeal
(Prentiss041811bt)
(Posted: April 18th 2011)
Civil:
Motion for summary judgment; libel case; defamatory meaning; statements concerning criminal activity; statement in the form of an opinion; absolute privilege of high public officials; statements made for political motives; suit by a public figure; shifting burden of proof; actual malice.
(rogers032511W)
(Posted: April 18th 2011)
Criminal:
Post conviction relief act petition; effectiveness of counsel; post-trial challenge to conviction; sufficiency of evidence; failure to request charge on lesser included offenses.
(Lyons041511bt)
(Posted: April 16th 2011)
Criminal:
Habeas corpus petition; prima facie evidence of crime; possession of prohibited substance by prisoner; lack of chemical testing of substance.
(Bozochovic041511bt)
(Posted: April 16th 2011)
Criminal:
Motion to suppress; search of cell phone without warrant; abandoning expectation of privacy by giving possession to another; evidence discovered by private citizen.
(Thomas040711bt)
(Posted: April 16th 2011)
Criminal:
Post conviction relief act petition; ineffective counsel; sexual offender registration requirements in Pennsylvania; Florida conviction requiring registration; lack of criminal offense; illegal conviction.
(Clark032911bt)
(Posted: April 13th 2011)
Criminal:
Suppression motion; drug case; securing residence before search warrant is obtained; lack of exigent circumstances; consent to search; apparent authority to consent; probable cause to search; affidavit of probable cause establishing probability of contraband in place to be searched.
(Brown032911bt)
(Posted: April 13th 2011)
Criminal:
Emergency motion for continuance and motion for funds for expert; complexities of report of Internet history; failure to obtain expert services upon learning of complexities; need for expert services
(Hartsock040811m)
(Posted: April 11th 2011)
Criminal:
Motion in limine; admissions about having smoked marijuana earlier in the day; gang related tattoos; relevance; evidence of common plan or scheme; admissibility of propensity evidence.
(Patton041111g)
(Posted: April 11th 2011)
Criminal:
Post sentence motion; drug conviction; admissibility of evidence of drugs found in another's residence as proof of defendant's intent to deliver; sufficiency and weight of evidence; circumstantial evidence; constructive possession; consciousness of guilt shown by fleeing from officer;
(PRICE031611L)
(Posted: April 6th 2011)
Criminal:
Post sentence motion; attorney conflict of interest; affect on counsel's performance; impact of dual representation of husband and wife in sex abuse case where defense of wife was in lock step with that of husband
(barto032411L)
(Posted: April 6th 2011)
Adoption:
Petition for involuntary termination of parental rights; father has played no role in child's life; failure to fulfill parental responsibilities; impact on child of rights termination
(fa032511g)
(Posted: April 6th 2011)
Criminal:
Motion to suppress; photo identification using CPIN computer program; suggestiveness of photo array; in court identification.
(cooper040411L)
(Posted: April 6th 2011)
Custody:
Petition requesting the court to assign the federal tax dependency exemptions; lack of pending support action or order; equitable power of the court; reliance on the Tax Code where no support issue.
(SMB040411L)
(Posted: April 6th 2011)
Criminal:
Post conviction relief act petition; failure to receive copies of the criminal complaint, the bill of particulars, or discovery; purview of the act; waiver of issues; ineffective counsel for failing to file suppression motion; admissibility of evidence
(Ricks033011bt)
(Posted: March 31st 2011)
Civil:
Forfeiture petition; money from sales of illegal drugs; nexus between the confiscated currency and the illegal activity; shifting burden of proof; credibility determinations.
(Berry033011g)
(Posted: March 30th 2011)
Criminal:
Motion in limine; perjury charges based on statements made under oath at criminal trial; collateral estoppel from introducing police testimony relating to the time of drug transactions for which defendant was acquitted.
(Cormier032911bt)
(Posted: March 29th 2011)
Criminal:
Post conviction relief act petition; sentencing inconsistent with plea agreement; lack of prejudice.
(Best032911bt)
(Posted: March 29th 2011)
Civil:
Post trial motion; limited tort case; jury finding of no serious impairment of bodily function; weight of the evidence; new trial request where evidence is conflicting and finder of fact could find either way.
(Nelson032911g)
(Posted: March 29th 2011)
Criminal:
Post sentence motion; mandatory minimum sentence for second Megan's Law offense; required notice to defendant; statutory inconsistencies; appropriateness of long sentence given the nature of the offenses, the prior offenses and the impact on the victim; lack of prejudice
(probst031711br)
(Posted: March 21st 2011)
Criminal:
Commonwealth appeal; preservation of testimony of unavailable witness; court's evaluation of credibility of witness; lack of corroborative evidence; lack of good faith effort to discover location of witness
(Chayka31811m)
(Posted: March 21st 2011)
Criminal:
Appeal; sexual abuse of minors; consolidation of multiple cases; common plan, scheme or design; refusal to grant mistrial where witness made an unsolicited, passing remark, about defendant having been in jail; waiver where no request to strike testimony; refusal to request curative instruction; overwhelming evidence of guilt; harmless error.
(Barto030411L)
(Posted: March 18th 2011)
Criminal:
Verdict in non-jury trial; DUI; question of who was driving the car; standards applicable to evaluating the credibility of witnesses; plausibility of defendant's version of the facts; sufficiency of evidence of unsafe driving.
(temple030711L)
(Posted: March 18th 2011)
Firetree, Ltd. vs, BFI Waste Services of Pennsylvania, LLC and Riverport Insurance Company
3.11.2011
Richard A. Gray
Civil:
Appeal; denial of motion for delay damages based upon entry of an award for summary judgment; liberal construction of rules; effect on substantial rights of parties; duty to follow clear language of rule when the words are free from ambiguity.
(Firetree031111g)
(Posted: March 18th 2011)
Criminal:
Late filed motion to suppress statements; appearance of new counsel; lack of prejudice; interview of student by officers at school; question of custodial interrogation; voluntariness of questioning of a juvenile; totality of the circumstances.
(Rawls031011L)
(Posted: March 18th 2011)
Criminal:
Motion to suppress; probable cause to stop vehicle; reasonable suspicion based on information supplied by identified citizens who witnessed a drug transaction; suggestiveness of identification of defendant.
(Coleman031711L)
(Posted: March 18th 2011)
Criminal:
Petition for habeas corpus; sufficiency of evidence of possession of drugs where marijuana was found in glove compartment of non-owned vehicle and officer smelled odor of marijuana emanating from car; suppression of evidence; impoundment and inventory of vehicle seized without a warrant based on odor.
(Matty031411bt)
(Posted: March 16th 2011)
Criminal:
Post conviction relief act petition; claim of ineffective counsel for recommending a guilty plea; written and oral guilty plea colloquy establishing knowing, voluntary and intelligent plea; conflict counsel withdrawal.
(Dunkleberger030911g)
(Posted: March 9th 2011)
Criminal:
Appeal
(Fisher022811bt)
(Posted: March 8th 2011)
Criminal:
Commonwealth's motion for reconsideration; discovery order compelling Commonwealth to provide documentation that includes child pornography; distribution allowed for judicial purpose; protective order to prevent copying and distribution.
(Hartsock030111m)
(Posted: March 4th 2011)
Criminal:
Petition for writ of habeas corpus; process used to trace child pornography to defendant's computer; defendant's ownership and use of computer with illicit images; sufficiency of the evidence
(Miller030411bt)
(Posted: March 4th 2011)
Criminal:
Counsel's motion to withdraw due to lack of meritorious issues in post conviction relief act petition; effectiveness of trial counsel; waiver of defects by guilty plea; lack of discovery; voluntariness of guilty plea; failure to object to sentence in aggravated range; failure to object to restitution amount
(Best030411bt)
(Posted: March 4th 2011)
Criminal:
Post conviction relief act petition; theft offenses; depositing invalid checks in new bank account; ineffective counsel claim; failure to make legal argument that has no merit
(Hoyt030311bt)
(Posted: March 4th 2011)
Criminal:
Motion to reconsider denial of motion to admit evidence of bad acts; factual claims not supported by the record
(Brown122110L1)
(Posted: March 1st 2011)
Criminal:
Appeal
(Mincy021411L)
(Posted: March 1st 2011)
Criminal:
Motion in limine; drug case; prior bad acts evidence; timely notice of intention to introduce; sufficiency of oral notice 3 days before jury selection; prejudice; common plan or design; lack of similarity in the crimes
(WHITE022411L)
(Posted: March 1st 2011)
Criminal:
Motion to reconsider denial of motion to suppress and denial of habeas corpus; video tape contradicting testimony of trooper; knowledge of driver's criminal history in drug trafficking and gang activity as leading to conclusion that guns were present; totality of the circumstances.
(Butler02242011L)
(Posted: March 1st 2011)
Civil:
Defamation complaint; appraisal report used by Commonwealth to prosecute administrative licensing proceedings; immunity of expert witness in judicial proceeding; improper motives; Restatement of Torts, 2d § 588.
(Reese022811g)
(Posted: February 28th 2011)
Criminal:
Pro se post trial motion where criminal defendant is represented by counsel; duty of court to review timely pro se motion where counsel's motion is not timely.
(Jackson022511g)
(Posted: February 28th 2011)
Criminal:
Motion to suppress; drug case; attempts to engage defendant in conversation and following defendant in public; attempt to abandon drugs precipitated by police interaction; probable cause for warrant to do drug swipe test; habeas corpus petition; sufficiency of evidence or resisting arrest or disorderly conduct.
(Justice021411bt)
(Posted: February 19th 2011)
Criminal:
Appeal
(taylor012711L)
(Posted: February 14th 2011)
Criminal:
Motion to suppress; stop and search of a bicycle rider for lighting violation; no Miranda warnings; permissible scope of policy inquiry for a summary offense; custodial interrogation.
(Hoffman013111L)
(Posted: February 14th 2011)
Criminal:
Motion of defendant for funds for appointment of expert to evaluate fingerprint evidence; Frye hearing request on whether latent fingerprint identification evidence is generally accepted; applicability of Frye analysis to commonplace evidence; issue going to weight of evidence; importance of allowing a criminal defendant the tools to properly defend himself.
(graham020411L)
(Posted: February 14th 2011)
Criminal:
Post sentence motion; excessive sentence claim; drug case; sentencing at the bottom of the standard guideline range; RRRI Program eligibility; disqualification of defendant with history of violence while incarcerated; statutory construction.
(mills020411L)
(Posted: February 14th 2011)
Criminal:
Motion to withdraw guilty plea; assertion of innocence; discretion of court to deny guilty plea withdrawal; credibility of innocence claim; Commonwealth prejudice; out of state witness.
(cooper020811L)
(Posted: February 14th 2011)
Custody:
Motion to change venue of custody action to place of mother's residence; uniform child custody act; incarcerated father; history of Lycoming County custody trial; convenience of the forum.
(MR021011m)
(Posted: February 11th 2011)
Administrative Appeal:
Appeal from zoning decision; special exception application; proof of non-conforming use; failure to submit transcript of hearing; variance; suggestion that use of a garage as occupied unit will deter crime; evidence of hardship
(Lyon021011g)
(Posted: February 10th 2011)
Criminal:
Appeal; evidence preclusion as sanction for failure of Commonwealth to comply with discovery order
(camp020911a)
(Posted: February 9th 2011)
Criminal:
Appeal; post conviction relief act petition; court's response to jury question; duty of the court to give instructions to clarify the jury's doubt or confusion
(Rogers020711bt)
(Posted: February 8th 2011)
Civil:
Praecipe seeking issuance of a writ of revival of a municipal lien related to lawn maintenance; property sold at foreclosure sale; objection filed by foreclosure sale purchaser; failure of Township to provide sheriff with lien information after having been given notice; proceeds distributed without objection
(Old Lycoming020811g)
(Posted: February 8th 2011)
Civil:
Non-jury trial; claim for equitable accounting of partnership assets; equitable defenses including unclean hands, latches and breach of partnership agreement; attempted use of the statute of limitations to reset partnership account figures
(Morrone020111g)
(Posted: February 7th 2011)
Civil:
Motion for preliminary injunction; trade secrets related to former employment; database which contains a listing of clients; availability of list from public sources; need to prove that right to relief is clear, that prevailing on the merits is likely and that injunctive relief is necessary to prevent immediate and irreparable harm; lack of proof that trade secret information was used to give an unfair competitive advantage.
(RPA020711g)
(Posted: February 7th 2011)
Criminal:
Appeal from denial of post sentence motion
(Newton020311bt)
(Posted: February 5th 2011)
Criminal:
Appeal
(Fisher020111bt)
(Posted: February 3rd 2011)
Lycoming Law Association
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