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:
Petition for habeas corpus; sufficiency of evidence; theft case; contractor obtaining money for work that is never performed
(Diemer122310bt)
(Posted: December 23rd 2010)
Civil:
Post sentence motions for arrest of judgment or for new trial; drug delivery case; sufficiency of evidence; actual or constructive possession; evidence from which intent to deliver can be found; weight of the evidence
(Thomas122310bt)
(Posted: December 23rd 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file timely suppression motion; search of person without warrant; inevitable discovery as search incident to arrest would have occurred
(Deas122310bt)
(Posted: December 23rd 2010)
Support:
Exceptions to support order; earning capacity; reasonable efforts to obtain suitable employment; inclusion of business expenses in calculation of earning capacity; credit for payment of marital expenses; calculating credit due in equitable distribution for mortgage payment
(dg122210a)
(Posted: December 22nd 2010)
Divorce:
Motion for reconsideration of bifurcated divorce decree; conditions in bifurcation order; interest in obtaining adequate health insurance; failure to file timely petition requesting special relief; refusal of court to consider ex-parte communications
(gz121410m)
(Posted: December 14th 2010)
Divorce:
Motion to interpret antenuptial agreement; pension distribution; distribution of accumulated sick time and leave upon retirement; claimed ambiguity; rules of interpretation; plain meaning of the clear and unambiguous contract
(sc121410m)
(Posted: December 14th 2010)
Civil:
Motion for summary judgment; fall case; duty of landowner; accident not related to condition of the land
(Free120910g)
(Posted: December 9th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; advice regarding sentencing exposure, withdrawal of guilty plea and appeal; presence of defendant in open court while court discussed sentencing exposure
(Grissom120610bt)
(Posted: December 8th 2010)
Adoption:
Petitions for termination of parental rights; incarcerated parent; child conceived as a result of rape; primary consideration to the needs and welfare of the child
(mjk120710a)
(Posted: December 8th 2010)
Criminal:
Petition for writ of habeas corpus; attempted rape; merely throwing someone down; assault and false imprisonment claims
(Downs120210bt)
(Posted: December 3rd 2010)
Criminal:
Motion to admit bad acts relating to persuasion books and literature; remote nexus; motion to preclude evidence to be used to impugn character of 7 year old boy; admissibility of statements of defendant made to inmates about sexual characteristics of unrelated children; statements that reflect defendant's state of mind are admissible; probative value of evidence outweighing prejudicial effect
(Bodle120310g)
(Posted: December 3rd 2010)
Criminal:
Premature appeal; request for remand
(Zeigler110910bt)
(Posted: December 1st 2010)
Civil:
Non-jury trial; breach of contract and of the Unfair Trade Practices and Consumer Protection Law; installation of a geothermal heating and cooling system; warranty as to the comfort to be provided by heating system; speculative damages; award of attorney fees and penalty
(lowmiller112910a)
(Posted: December 1st 2010)
Criminal:
Appeal; probation violation and new criminal offense; excessive sentence claim; discretion of the court
(Gibbons112910bt)
(Posted: December 1st 2010)
Criminal:
Suppression motion; vehicle stop; dark tinted windows; reason to believe vehicle code violated; probable cause to arrest and search; information from confidential informant that person with distinctive tattoos like defendant's was involved in drug transaction
(Duval113010bt)
(Posted: December 1st 2010)
Criminal:
Motion to dismiss case or to prohibit the introduction of evidence by the district attorney; failure to respond to bill of particulars in a timely manner; evasive or insufficient responses
(camp120110a)
(Posted: December 1st 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file suppression motion; voluntariness of confession; in camera review of taped confession
(Fisher112310bt)
(Posted: December 1st 2010)
Civil:
Motion for summary judgment; fall case; steps with uneven riser heights and no handrail; need to eliminate all other possible causes of injury; motion in limine regarding expert testimony; factual basis for expert opinion; engineer testifying about human factors
(Segraves112310g)
(Posted: November 23rd 2010)
Criminal:
Timeliness of suppression motion; tardy discovery responses; interest of justice; arguable merit of the motion; lack of prejudice
(Coleman112310L)
(Posted: November 23rd 2010)
Criminal:
Non-jury trial; question of whether police chase occurred at high speed and endangered a law enforcement officer or member of public; evidence of possession of heroin with intent to deliver; consciousness of guilt by fleeing
(Peck112210L)
(Posted: November 22nd 2010)
Criminal:
Suppression motion; vehicle stop; drug case; vehicle with illegal heavy tinting; extended period to stop; criminal history of driver in drug trafficking; high crime area; habeas corpus motion; prima facie evidence of constructive possession of heroin; circumstantial evidence; consciousness of guilt; need to test all drugs found to prove intent to deliver; discovery issues regarding sufficiency of expert opinion; discovery of discipline records of officer
(Butler112210L)
(Posted: November 22nd 2010)
Criminal:
Motion to consolidate; participation in same act or transaction constituting an offense; prejudice; timeliness of motion to suppress; motion delayed pending application to drug court; lack of legitimate reason to delay filing of suppression motion
(banks112210L)
(Posted: November 22nd 2010)
Civil:
Non-jury trial; interpretation of real property sales agreement; oil and gas rights; good faith effort to fulfill condition precedent
(charles111910a)
(Posted: November 19th 2010)
Divorce:
Motion for contempt; court ordered sale of timeshare interest through deed of foreclosure; failure to comply with order dictated in open court; burden in a civil contempt proceeding; attorney fees and costs as sanctions
(C-F111910L)
(Posted: November 19th 2010)
Criminal:
Non-jury verdict; drug delivery case; defendant acting as agent of informant and does not profit; conspiracy where conduct does not constitute crimes specified
(yost111710a)
(Posted: November 17th 2010)
Criminal:
Appeal; sentencing for sexual abuse of children; discretion of court; intent to incarcerate defendant for life
(Bennet111710k)
(Posted: November 17th 2010)
Criminal:
Pretrial motion challenging competency of 7 year old child to testify; possibility of tainted memory; impact of learning disability
(whitney111710L)
(Posted: November 17th 2010)
Criminal:
Post conviction relief act petition; voluntariness of plea agreement; awareness of sentencing options upon violation of probation; clear colloquy; extensive criminal history
(Fisher111510bt)
(Posted: November 15th 2010)
Divorce:
Emergency petition regarding removal of a safe from the marital home; finding of contempt; payment of attorney fees and expenses
(SHM111110L)
(Posted: November 11th 2010)
Criminal:
Summary appeal; driving under suspension; motion to suppress; reasonable suspicion to stop a motor vehicle; illegal window tinting
(beck111010L)
(Posted: November 10th 2010)
Criminal:
Pretrial motions; amending the criminal information; defect in the date charged and in offense charged; lack of prejudice; motions in limine; admission of prior crime evidence and evidence of defendant's financial records; relevance outweighing prejudice
(Brown111010L)
(Posted: November 10th 2010)
Civil:
Protection from abuse petition; timeliness of hearing scheduling; credibility of crack smoking story; lack of evidence of abuse
(HLS-C110910L)
(Posted: November 9th 2010)
Civil:
Appeal; medical malpractice verdict; use of evidence previously ruled inadmissible where opposing party opened the door; harmless error; voir dire; race based strike of juror; race-neutral explanation
(neff110410a)
(Posted: November 5th 2010)
Criminal:
Motion to modify sentence; motion for judgment of acquittal or for new trial; drug case; sentencing guidelines; sufficiency and weight of the evidence; constructive possession; need for expert testimony to interpret GPS monitoring data; waiver of objections; ineffective counsel; adequacy of record on ineffective assistance claim
(Howard110310bt)
(Posted: November 5th 2010)
Criminal:
Post trial motions; drug possession conviction; sufficiency of the evidence; constructive possession; suppression issue; coordinate jurisdiction rule; overruling decision of another judge; weight of the evidence; excessive sentence
(taylor093010L)
(Posted: November 3rd 2010)
Adoption:
Termination of parental rights; appeal; lack of any contact between father and child for more than 3 years; lack of financial support; bond with step-father; best interests of the child
(sj100610L)
(Posted: November 3rd 2010)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence that defendants caused injuries to their child; lack of exclusive control
(ingram100510L)
(Posted: November 3rd 2010)
Criminal:
Appeal
(Perry101110L)
(Posted: November 3rd 2010)
Criminal:
Motion in limine; use of evidence of bad acts to prove intent; probative value outweighing potential for prejudice; use of crossed out statement of defendant for substantive evidence or cross-examination; relevance of statement by defendant to informant that could infer that defendant was dealing drugs; prejudicial impact of evidence
(PRICE100810L)
(Posted: November 3rd 2010)
Criminal:
Appeal; waiver of appeal issues for failure to file rule 1925(b) statement
(Graves101110L)
(Posted: November 3rd 2010)
Adoption:
Petition to involuntarily terminate parental rights; failure to perform parental duties for at least 6 months; incarceration; mere passive interest shown by parent; parent incapable of meeting the essential needs of the child; extensive criminal record and no guarantee of employability; best interest and welfare of child
(PRM102110L)
(Posted: November 3rd 2010)
Criminal:
Motion to reconsider suppression motion; exceeding scope of lawful pat down; jurisdiction to reconsider after 30 days; no evidence that officer believed defendant had a weapon, during the pat down
(hickman102610L)
(Posted: November 3rd 2010)
Criminal:
Post sentence motion; failure to register address as required by Megan's Law; sufficiency and weight of evidence; de minimus violation
(Bressman102610L)
(Posted: November 3rd 2010)
Civil:
Reconsideration of summary judgment; use of plaintiff's affidavit to contradict his sworn deposition testimony to raise a factual issue
(Doebler110310g)
(Posted: November 3rd 2010)
Bailey vs. Lobar, Inc., The Farfield Company, Jay R. Reynolds, Inc. and the Pa Group
10.28.2010
Dudley N. Anderson
Civil:
Sequestration of witnesses to be deposed; freedom from outside influences
(bailey102810a)
(Posted: October 28th 2010)
Criminal:
Appeal; quashing subpoena of public defender to testify against client; information about prison report date
(Richardson102210g)
(Posted: October 22nd 2010)
Criminal:
Petition to transfer juvenile matters to criminal system; burglary charges at age 17; sentencing options for 19 year olds; history of criminal activity; failure of past rehabilitation efforts
(klobcharmalone102210a)
(Posted: October 22nd 2010)
Criminal:
Motion to suppress; DUI case; mere encounter with officer leading to reasonable suspicion of unlawful activity
(Prentiss102010bt)
(Posted: October 20th 2010)
Civil:
Partition action; remand from Superior Court; interests in land; settlement offer; direction to sell property
(Winner101910g)
(Posted: October 19th 2010)
Criminal:
Post conviction relief act petition; ineffective trial counsel; failure to move for suppression of informant's statements that were used to arrest defendant, where the informant did not testify at trial
(clark101210bt)
(Posted: October 12th 2010)
Criminal:
Motion to admit bad acts; admission to parole officer; prejudice due to fact that defendant has a parole officer
(Turner101110g)
(Posted: October 11th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; adequacy of the jury charge
(Rogers101110bt)
(Posted: October 11th 2010)
Civil:
Motion for summary judgment; breach of contract; oral contract; statute of frauds; Uniform Commercial Code; transaction involving predominantly the rendition of services; unjust enrichment claim; applicability of arbitration agreement
(Diefenderfer100810g)
(Posted: October 8th 2010)
Administrative Appeal:
Appeals from the decision of the Pennsylvania Liquor Control Board; license transfer issue; parking issues; speculative concerns about increased noise and traffic; lack of proof of adverse affect to neighborhood
(morrone100510a)
(Posted: October 6th 2010)
Criminal:
Appeal; challenge to jurisdiction
(Bennett093010bt)
(Posted: October 1st 2010)
Criminal:
Petition for habeas corpus; prima facie case; circumstantial evidence of theft; assault charge; issue of self defense is for the jury
(adams091310L)
(Posted: September 30th 2010)
Criminal:
Petition for writ of habeas corpus; treating matter as post conviction relief act petition; timeliness of petition; jurisdiction of the court; conviction of more than one inchoate crimes; prejudice in presentation of claims to jury; credit for time served; amending sentencing orders
(Mincy092110L)
(Posted: September 30th 2010)
Civil:
Motions for summary judgment; interpretation of real estate purchase contract; investment in property with gas rights; old mineral rights reservation in chain of title; enforceable condition precedent
(charles092910a)
(Posted: September 30th 2010)
Divorce:
Interpretation of property settlement agreement; general rules of contract interpretation
(Taber092910g)
(Posted: September 29th 2010)
Criminal:
Appeal; suppression; sufficiency and weight of evidence
(Neal092710bt)
(Posted: September 27th 2010)
Administrative Appeal:
License suspension appeal; DUI arrest; equivocal agreement to submit to a blood test treated as refusal
(marshall092210a)
(Posted: September 23rd 2010)
Criminal:
Post conviction relief act petition; timeliness; failure to plead an exception to the time rules
(Randall092110bt)
(Posted: September 21st 2010)
Civil:
Petition for forfeiture and condemnation; currency discovered in traffic stop; introduction of evidence of bad acts; evidence rule 404(b); pattern of criminal conduct; separate incidents or separate events; prejudice
(Turner091510g)
(Posted: September 17th 2010)
Firetree, LTD vs. BFI Waste Services of Pennsylvania, LLC and Riverport Insurance Company
9.17.2010
Dudley N. Anderson
Civil:
Appeal of grant of summary judgment; business interruption claim; speculative losses; failure to call expert witness
(firetree091710a)
(Posted: September 17th 2010)
Criminal:
Motion to terminate ARD; violation of no contact and alcohol conditions of ARD; ignoring warnings of possible revocation due to violations
(thompson073010)
(Posted: September 9th 2010)
Criminal:
Appeal; waiver of arguments
(Thomas-Smith073010L)
(Posted: September 9th 2010)
Criminal:
Motion to suppress; street encounter; inadvertent dropping of baggie with marijuana; reasonable suspicion of criminal activity
(grimes081610L)
(Posted: September 9th 2010)
Criminal:
Petition for writ of for habeas corpus; prima facie case of burglary; stolen items found on dresser used by defendant
(worthy081710L)
(Posted: September 9th 2010)
Criminal:
Petition to expunge summary offense record; summary conviction; adverse consequences of criminal history; remedial purpose of statute
(blunt081810L)
(Posted: September 9th 2010)
Criminal:
Motion to suppress; DUI; violation of city ordinance; tire squealing of 2 second duration; reasonable suspicion of violation of the law
(perry081310L)
(Posted: September 9th 2010)
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties for at least the six months preceding the filing of the petition; definition of parental duties; effect of termination on the child's needs and welfare
(gmt090810g)
(Posted: September 9th 2010)
Criminal:
Post conviction relief act petition; challenging discretionary aspects of sentence
(Parker071310bt)
(Posted: September 8th 2010)
Criminal:
Petition for writ of habeas corpus; prima facie case; establishing possession of gun and drugs found in house; motion to suppress evidence; consensual search; gun found while searching for a person, within the scope of the search
(Turner082610bt)
(Posted: August 28th 2010)
Civil:
Appeal; denial of protection from abuse petition; business feud or family feud that developed between siblings; plaintiff not fearful for her safety
(Bower082610g)
(Posted: August 26th 2010)
Criminal:
Motion to quash subpoena of public defender; attorney/client privilege; testimony concerning information relayed to defendant by his attorney about reporting to jail
(Richardson082610g)
(Posted: August 26th 2010)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; indecent assault; lack of evidence of no consent; merger of sentence; harmless error; corruption of minors; purchasing of cigarettes for 13 year old and sexual conduct; sufficiency of uncorroborated testimony of complaining witness
(Hennigan070910g)
(Posted: August 20th 2010)
Civil:
Motion for summary judgment; standing of shareholder to sue for legal malpractice on behalf of corporation; statute of limitations; relitigating previously settled claims; legal malpractice relating to possible protection of right to compete in stock sale transaction; speculative claim; causation issue
(Doebler082010g)
(Posted: August 20th 2010)
Criminal:
Post conviction relief act petition; timeliness; order from which time runs
(Randall081710bt)
(Posted: August 18th 2010)
Criminal:
Appeal
(Kepner081610bt)
(Posted: August 17th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file suppression motion regarding actions of private citizens
(Ricks063010bt)
(Posted: August 14th 2010)
Criminal:
Motion to suppress; search and seizure; drug case; odor of marijuana coming from college campus apartment; search by apartment employee under provision of housing contract; agent of police; signed consent to search
(Scheider071510L)
(Posted: August 11th 2010)
Administrative Appeal:
Appeal; license recall case; vision and medical conditions; requiring a licensee to take a driver examination after competency to drive has been established; shifting burden of proof; need for Department to rebut licensee's proof at the hearing
(Carn080510m)
(Posted: August 10th 2010)
Criminal:
Motion to suppress; probable cause demonstrated in search warrant; reliability of confidential informant
(Webster072910bt)
(Posted: August 10th 2010)
Criminal:
Motion to suppress; vehicle stop; fugitive movements of passenger; authority to conduct a frisk of passenger; discovery of small knotted object that could not reasonably be assumed to be a weapon, custodial interrogation
(Coleman072910bt)
(Posted: August 10th 2010)
Criminal:
Motion to admit statements of a child made out of court; offenses enumerated under the Tender Years Act; reliability of the statements; motive to fabricate
(bodle063010L)
(Posted: July 30th 2010)
Criminal:
Suppression motion; search of vehicle involved in an accident; discovery of guns during routine check of glove compartment for insurance and registration information; probable cause to search; custodial interrogation; questions about guns when ammunition in plain view; officer safety issues
(Graves063010L)
(Posted: July 30th 2010)
Commonwealth vs. Webster; Commonwealth vs. Brown; Commonwealth vs. Thompson
7.2.2010
Marc F. Lovecchio
Criminal:
Motion to consolidate and amend cases to add conspiracy counts; drug case; lack of evidence that defendants knew each other; prejudice and confusion if consolidated
(Webster07022010L)
(Posted: July 30th 2010)
Criminal:
Motion to suppress; DUI case; reasonable suspicion to stop a vehicle; inability of driver to keep his vehicle within the driving lane
(louk071310L)
(Posted: July 30th 2010)
Criminal:
Motion to suppress; reasonable suspicion to conduct pat down search; individual with criminal record, acting "out of sorts" and appearing aggressive in a high crime area at night.
(HICKMAN071910L)
(Posted: July 30th 2010)
Commonwealth vs. Webster; Commonwealth vs. Brown; Commonwealth vs. Thompson
7.13.2010
Marc F. Lovecchio
Criminal:
Motion to reconsider denial of motion to amend and consolidate; evidence submitted by offer of proof in consolidation hearings; lack of notice of claimed change of policy by court; consideration of factual information included in briefs
(Webster07132010L)
(Posted: July 30th 2010)
Criminal:
Appeal; sufficiency and weight of evidence of possession of heroin found in a shared hotel room, and intent to deliver
(Moore072710L)
(Posted: July 30th 2010)
Criminal:
Motion to suppress; vehicle stop; tinted windows; intelligence that the driver had or was getting a gun; pat down and wingspan search leading to the discovery of drugs; reasonable belief that vehicle occupant was dangerous
(Coleman072710L)
(Posted: July 30th 2010)
Criminal:
Commonwealth motion in limine to admit bad acts; propensity evidence; evidence relating to withdrawn charge
(Weeks072710L)
(Posted: July 30th 2010)
Criminal:
Appeal; specific performance of plea agreement; recusal; lack of prejudgment or bias; authority to order rule 1925 statement
(Bradley072810bt)
(Posted: July 28th 2010)
Criminal:
Post conviction hearing act petition; drug case; ineffective counsel; failure to file appeal brief; presumption of prejudice; reinstatement of appeal rights
(Neal072110bt)
(Posted: July 24th 2010)
Civil:
Appeal; motion for return of currency; 7 year old forfeiture order; timeliness of motion
(Slaughter072010g)
(Posted: July 20th 2010)
Adoption:
Involuntary termination of parental rights; evidence of settled purpose of relinquishing parental claim; failure to perform parental duties; payment of support; lack of parental bond
(DJE070710m)
(Posted: July 20th 2010)
Criminal:
Motion to consolidate; drug case; timeliness; prejudice; refusal of joint defendants to testify in joint trial
(Camp-Fisher071610m)
(Posted: July 16th 2010)
Insinger and Insinger's Personal Care Home, Inc. vs. Quality Air Mechanical, Inc. and Automatic Sprinkler Supply, Inc.
7.15.2010
Richard A. Gray
Civil:
Preliminary objections; gist of the action; claimed social policy duty, negligent performance of contractual duties
(Insinger071510g)
(Posted: July 15th 2010)
Civil:
Non-jury trial; action to quiet title; adverse possession; privity between _x000d_
successive occupants of the property; laches; prejudice
(sagan070910a)
(Posted: July 9th 2010)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
