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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Civil:
Petition for special injunctive relief; mortgage contribution; burdensome support obligation; forced sale of marital residence; forcing signature on affidavit of consent
(MAC020110m)
(Posted: February 8th 2010)
Criminal:
Motion to suppress; vehicle stop; excessive window tint; inventory search while vehicle in police custody; probable cause to arrest; drug possession
(Powell020810bt)
(Posted: February 8th 2010)
Criminal:
Motion to admit certain statements and a motion for recorded testimony; child sexual abuse case; expert testimony; severe emotional distress of child; Tender Years Act
(Bodle020810bt)
(Posted: February 8th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; unlawfully induced guilty plea; no merit letter
(Rummings020210bt)
(Posted: February 4th 2010)
West Branch Mutual Insurance Company vs. Wiegand, 800 Park Place, LLC and Brown
2.3.2010
Dudley N. Anderson
Civil:
Motion for summary judgment; duty of insurance company to provide a defense; exclusion for business activities of insured; possible change of claim in deposition testimony
(westbranch020310a)
(Posted: February 4th 2010)
Criminal:
Post conviction relief act petition; no merit letter; DUI case; unlawful inducement to plead guilty; ineffective counsel; failure to file appeal
(Sechrist020310bt)
(Posted: February 4th 2010)
Criminal:
Post conviction hearing act petition; amended opinion; appeal rights notice
(Illes01112010br)
(Posted: February 2nd 2010)
Civil:
Appeal; preliminary objections for lack of personal jurisdiction; service issue; good faith effort to reinstate and serve complaint
(evans012610a)
(Posted: February 1st 2010)
Divorce:
Exceptions to alimony pendente lite; need to show need for alimony pendente lite on record before obtaining an award; rebuttable presumption; assessing income from corpus of wife's inherited funds
(Robey010810s)
(Posted: January 26th 2010)
Support:
Request by sexual partner for married woman to submit to genetic testing; presumption that child is of marriage; unrebuttable presumption where there is an intact family
(F011310g)
(Posted: January 26th 2010)
Criminal:
Appeal; excessive sentence claim
(smith012210a)
(Posted: January 26th 2010)
Adoption:
Petition for involuntary termination of parental rights; refusal of parents to perform parental duties; consideration of the needs and welfare of the child; strong bond with grandparent who provides for the child
(RE123109g)
(Posted: January 26th 2010)
Maple Street A.M.E Zion Church vs. Williamsport and Williamsport City Council
1.14.2010
Richard A. Gray
Administrative Appeal:
Appeal and cross-appeal; deemed approval of variance; failure of hearing board to render timely decision; preservation of issues; conditions attached to use
(Maple011410g)
(Posted: January 15th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file appeal; reinstatement of appeal rights
(Cajka010810bt)
(Posted: January 13th 2010)
Criminal:
Summary appeal; weight restrictions on bridge; calculation of fine; per axle tolerance
(ambo010710a)
(Posted: January 9th 2010)
Adoption:
Appeal
(ew120309br2)
(Posted: January 8th 2010)
Criminal:
Motion to suppress; drug case; search of vehicle in no parking zone; faint smell of marijuana; reasonable suspicion to search person or vehicle; lack of consent; acquiescence to search
(miller120209br)
(Posted: January 5th 2010)
Adoption:
Involuntary termination of parental rights; substance abuse of parent; incarcerated parent; sporadic or no visitation with the children; lack of employment or housing; settled purpose of relinquishing a parental claim or failure to perform parental duties; child without essential parental care or control
(ew120309br)
(Posted: January 5th 2010)
Criminal:
Appeal
(johnson121609br)
(Posted: January 5th 2010)
Criminal:
Post conviction relief act petition; ineffective counsel; character witnesses; possible rebuttal evidence of bad character; failure to call defendant as a witness; voluntary waiver of trial testimony; opening door to cross-examination of defendant; media rights as a conflict of interest
(illes121609br)
(Posted: January 5th 2010)
Criminal:
Appeal; excessive sentence; concurrent sentences; discretion of the court; failure to appear; lack of remorse
(hoyt121809br)
(Posted: January 5th 2010)
Criminal:
Motion to suppress; drug case; consent to search hotel room given by registered guest; search conducted pursuant to a valid arrest
(Moore123009bt)
(Posted: January 5th 2010)
Civil:
Motion for reconsideration of sentence by Commonwealth and defendant; offense gravity score; unreasonable sentence; lack of evidence by Commonwealth at sentencing of the depth of defendant's involvement in drug distribution conspiracy; merger of corrupt organizations and delivery offenses; separate and distinct crimes; eligibility for RRRI
(Crouse123109bt)
(Posted: January 5th 2010)
Criminal:
Motion to suppress; traffic stop; reasonable suspicion to stop vehicle; ordering defendant to return to vehicle; flight from officers; search of person without a warrant; search of residence with consent of owner; lack of coercion or duress
(Mullen123009bt)
(Posted: January 5th 2010)
Criminal:
Motion to suppress; voluntary waiver of Miranda rights; signed waiver forms; vague claim of "promises" made in return for talking to police officer
(Hoffman123009bt)
(Posted: January 3rd 2010)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of possession of drugs and a gun; constructive possession; lack of evidence connecting defendant to sole use of area where drugs were located; hindering apprehension by refusing to consent to search of home
(Houston123009bt)
(Posted: January 3rd 2010)
Civil:
Motion for summary judgment; claims of conversion by trustee and violation of duties by failing to preserve a trust asset; genuine issues of fact
(Confair122809g)
(Posted: December 28th 2009)
Criminal:
Appeal; failure to file concise statement of matters complained of on appeal; pro se party; waiver of issues
(Smith122309bt)
(Posted: December 23rd 2009)
Adoption:
Involuntary termination of parental rights; failure to perform parental duties for a period in excess of six months; best interests of the child; father's sincere interest in re-establishing a relationship
(cjd122309a)
(Posted: December 23rd 2009)
Criminal:
Appeal; sex crimes involving a child; availability of child to testify at trial; tender years hearsay exception; reliability of statement; constitutional right of confrontation of witnesses; non-testimonial statements; sufficiency and weight of the evidence; excessive sentence; sexually violent predator
(packer122109k)
(Posted: December 21st 2009)
Civil:
Motion for summary judgment; auto accident case; causation issue; Nanto-Glo rule; reliance on testimony of adverse party
(bergman121809a)
(Posted: December 18th 2009)
Criminal:
Motion to suppress; drug case; body cavity/strip search; search not contemporaneous with arrest; extension of the search incident to_x000d_
arrest; reasonable part of the routine booking procedure; motion for disclosure of other crimes, wrongs, or acts; duty to provide a complete criminal history of defendant and witnesses
(Lee121809bt)
(Posted: December 18th 2009)
Criminal:
Rule 600 motion; excludable time; motion to consolidate; identical offenses charged within several months
(Hykes121509bt2)
(Posted: December 15th 2009)
Criminal:
Motion for habeas corpus; prima facie case; lack of evidence of testimony at preliminary hearing; res judicata and collateral estoppel; previous dismissal for failure to meet a prima facie burden
(Hykes121509bt)
(Posted: December 15th 2009)
Civil:
Declaratory judgment action; bad faith claim; summary judgment motion; insurance policy exclusion for business pursuits; allegations in the complaint triggering insurer's duty to defend; looking outside of the complaint allegations
(Livorno121109a)
(Posted: December 11th 2009)
Administrative Appeal:
Petition for review; house demolition order; request for delay to make repairs; public safety issue
(Welch121009g)
(Posted: December 10th 2009)
Support:
Exceptions to support; calculating income; tax refund
(bb120809a)
(Posted: December 8th 2009)
Civil:
Petition for forfeiture and condemnation; rebuttable presumption that money found in the close vicinity to drugs was proceeds of the sale of drugs; evidence of a gift of cash; arrest for possession of small amount of marijuana for personal use
($1208120409a)
(Posted: December 7th 2009)
Criminal:
Petition for writ of habeas corpus; DUI case; resisting arrest; refusal to comply with officer's requests; kicking police cruiser windows
(Schappell120209bt)
(Posted: December 4th 2009)
Criminal:
Suppression motion; vehicle stop; security sweep; drug case; habeas corpus petition; sufficiency of the evidence
(Taylor120709bt)
(Posted: December 4th 2009)
Civil:
Appeal
(firstnationalbank112209a)
(Posted: December 2nd 2009)
Divorce:
Marital property; wife's joinder in conveyance of marital interest in husband's property resulting in extinguishing the interest in the increase in value; the increase in value of husbands interest in property acquired after the relinquishment is marital property
(ssa122409k)
(Posted: November 24th 2009)
Civil:
Post trial motion; automobile accident case involving intoxication; punitive damages; remitter request
(Wolfe112409g)
(Posted: November 24th 2009)
Civil:
Motion for summary judgment; common law cause of action; causation issue; defense of following contract specifications
(Wood112409g)
(Posted: November 24th 2009)
Criminal:
Suppression motion; vehicle stop; violation of the vehicle code; seizure of cash and a cell phone; probable cause for warrant to search a hotel room; petition for writ of habeas corpus; actions constituting consciousness of guilt
(Williams112409br)
(Posted: November 24th 2009)
Civil:
Preliminary objections; wrongful termination; at-will employee; public policy exception for crime victims
(DiMarco112309g)
(Posted: November 23rd 2009)
Criminal:
Appeal; drug case; trooper answering arrestee's cell phone; need for a search warrant; timeliness of suppression motion filed after jury was picked
(Blagman111809br)
(Posted: November 18th 2009)
Criminal:
Motion to suppress; traffic stop; stop sign violation; consent of power of attorney of owner of vehicle for search of vehicle; reasonable suspicion prior to requesting consent to search; apparent authority to search the vehicle
(Thomas111709br)
(Posted: November 17th 2009)
Criminal:
Appeal; post conviction relief act petition; sentencing issue
(jones111709k)
(Posted: November 17th 2009)
Criminal:
Costs of criminal prosecution; expert fees of expert testifying for the prosecution at a suppression hearing where a statement was suppressed; compensation for period of incarceration that was not used in computation of sentence
(Saiers111009b)
(Posted: November 10th 2009)
Criminal:
Motion to suppress; voluntariness of a statement to police; Miranda warnings; custodial interrogation
(Caldwell111009bt)
(Posted: November 10th 2009)
Criminal:
Motion to suppress; reasonable suspicion to stop vehicle; pat-down of vehicle occupant; odor of marijuana; consent to search vehicle obtained by phone of owner
(Logan110409bt)
(Posted: November 9th 2009)
Civil:
Non-jury trial; injunction request; barking dogs at a kennel; nuisance; violation of zoning ordinance
(koleno110609a)
(Posted: November 9th 2009)
Criminal:
Omnibus pre-trial motion; DUI case; habeas corpus petition; 2 hour blood test rule; sufficiency of evidence as to when the vehicle was driven; good cause exception
(Poust110409bt)
(Posted: November 6th 2009)
Criminal:
Appeal; perjury; admitted false testimony in guilty plea hearing; lying on advice of counsel; defense of ignorance or mistake; negating intent to commit perjury; sentencing issue
(Belle110509br)
(Posted: November 5th 2009)
Civil:
Motions in limine; failure to wear seatbelt; use of computer generated animation; fair and accurate portrayal of accident events; subsequent remedial measures against party that did not make the changes; contractor following PaDOT specifications; motion to compel traffic study; duty to produce expert compensation or other cases
(Wood102909g)
(Posted: November 4th 2009)
Criminal:
Appeal; possession of child pornography; jury selection; denial of challenge for cause; sufficient of the evidence that photos were for the purpose of sexual stimulation; sentencing; sexually violent predator; sentencing discretion
(Bennett10209K)
(Posted: November 3rd 2009)
Divorce:
Contempt petition; marital settlement agreement providing for father's payment of child support; father is custodial parent; proper procedure to compel compliance with agreement; authority of court to enforce custody provisions not merged into the divorce decree
(EH102009K)
(Posted: November 3rd 2009)
Criminal:
Appeal; sentencing issue; ineffective counsel
(Cummings102009K)
(Posted: November 3rd 2009)
Criminal:
Appeal; post conviction relief act petition; same issue addressed in direct appeal
(Messerly101909k)
(Posted: November 3rd 2009)
Criminal:
Suppression motion; reasonable suspicion to approach vehicle; probable cause to seize vehicle; sufficiency of affidavit of probable cause; unattended vehicle with engine running; odor of marijuana; prima facie case
(powell110309br)
(Posted: November 3rd 2009)
Criminal:
Motion to suppress; vehicle stop; probable cause; vehicle search; missing evidence charge relating to missing tape recording of stop
(Thomas100109bt)
(Posted: November 2nd 2009)
Criminal:
Appeal; admissibility of evidence; business record exception to hearsay rule
(Hoyt10022009br)
(Posted: November 2nd 2009)
Criminal:
Appeal; DUI; corpus delecti rule; proof that defendant was the driver; circumstantial evidence
(Campbell100509br)
(Posted: November 2nd 2009)
Criminal:
Appeal; drug delivery and theft conviction; sufficiency and weight of evidence; abuse of discretion by imposing consecutive sentences; separate and distinct offenses; extensive criminal record of defendant
(Ricks100909br)
(Posted: November 2nd 2009)
Criminal:
Petition for writ of habeas corpus; obstruction of the law case; de minimus offense
(Campbell101209br)
(Posted: November 2nd 2009)
Criminal:
Appeal
(Harry101909br)
(Posted: November 2nd 2009)
Criminal:
Omnibus pre-trial motion; capital case; "life means life" instruction; constitutionality of death penalty; constitutionality of "death qualification" of jury; request for separate jury; jury sequestration; jury view
(Patterson103009bt)
(Posted: November 2nd 2009)
Criminal:
Motion for return of property; cash found on defendant's person; credible evidence that the money was from employment
(Crowder103009bt)
(Posted: November 2nd 2009)
Administrative Appeal:
Petition to set aside and vacate judicial tax sale; failure of tax office to accept money to stop sale; written agreement requirement; untimely attempt to pay taxes on day of sale
(Waltman102709g)
(Posted: October 27th 2009)
Maple Street A.M.E Zion Church vs Williamsport and Williamsport City Council
10.16.2009
Richard A. Gray
Administrative Appeal:
Land use appeal; parking requirement for a church; right to continue non-conforming use; variance; deemed approval; preservation of the issue in an appeal
(Maple101609g)
(Posted: October 16th 2009)
Dean Carson Williamsport, LLC vs. Terra Firma Development, LLC and Loyalsock Township
10.9.2009
Richard A. Gray
Civil:
Non-jury trial; prescriptive easement for ingress and egress; continuous and uninterrupted use
(Dean100609g)
(Posted: October 9th 2009)
Civil:
Petition for name change of child; best interests of the child; settled purpose of father to abandon child
(s100909a)
(Posted: October 9th 2009)
Civil:
Motion for summary judgment; breach of contract and declaratory judgment action; exclusion in coverage for intentional act of covered person; intent of resident relative of covered person to kill family by burning house
(horn100209a)
(Posted: October 5th 2009)
Criminal:
Appeal
(McCoy091009br)
(Posted: October 1st 2009)
Criminal:
Post sentence motion; drug case; motion to suppress; probable cause to search; observation of vegetable material in a baggie; Miranda rights; inducement by offering to tell judge of cooperation, made after waiver of Miranda rights; application of the mandatory minimum sentence for gun possession; claimed violation of 2nd Amendment rights; bail pending appeal
(Harry101609br)
(Posted: October 1st 2009)
Criminal:
Appeal
(Reynolds092109br)
(Posted: October 1st 2009)
Criminal:
Appeal; post conviction relief act; ineffective counsel; failure to file direct appeal; abuse of sentencing discretion
(Merrill092509bt)
(Posted: October 1st 2009)
Criminal:
Suppression motion; seizure of vehicle; fresh smell of marijuana smoke; reasonable suspicion to approach vehicle; probable cause for search; sufficiency of affidavit supporting the search warrant
(Patton092809br)
(Posted: October 1st 2009)
Criminal:
Suppression motion; vehicle search without a warrant; scope of protective search; need for inventory search
(Simcox092909br)
(Posted: October 1st 2009)
Criminal:
Motion to suppress; reasonable suspicion of a vehicle code violation; vehicle stop out of jurisdiction; violations observed by pursuing officer
(Kepner092509bt)
(Posted: September 29th 2009)
Civil:
Motion in limine; vehicle accident case; evidence of DUI and blood alcohol in a civil case; evidence of old DUI convictions
(Wolfe092309g)
(Posted: September 29th 2009)
Civil:
Appeal; confessed judgment; meritorious defense; irregular judgment; attempt to make partial payment; instrument defines default as failing to make full payment
(firstnationalbank091809a)
(Posted: September 23rd 2009)
Criminal:
Appeal
(peterson091809a)
(Posted: September 23rd 2009)
Criminal:
Motion for reconsideration of sentence nunc pro tunc; burglary case; credit for housing in "pre-release" status
(artley092209a)
(Posted: September 23rd 2009)
Criminal:
Tender years hearing; abuse case; reliability of statements to third parties; statements carried out under direction of police
(Woodring091409bt)
(Posted: September 16th 2009)
Criminal:
Motion to suppress statement; subject to custodial interrogation; necessity of Miranda warnings; motion in limine; probative value of statements outweighed by danger of unfair prejudice; statements not related to cases at hand
(Bodle091609bt)
(Posted: September 16th 2009)
Criminal:
Motion for habeas corpus, for suppression and to dismiss; attempted murder case; photo array identification; prima facie case; lack of positive identification; search of cell phone on person of arrestee; suggestiveness of photo array; cognate offenses added to information after dismissal
(Gayman091409bt)
(Posted: September 14th 2009)
Civil:
Preliminary objections; bad faith; specificity of facts to support unfair trade practices claim; need to plead fraud; catch-all provision of unfair trade practices statute
(troxler082109g)
(Posted: September 10th 2009)
Criminal:
Non-jury trial; solicitation to commit aggravated assault and drug offenses; soliciting person to lace former husband's coffee with cocaine
(Reiman090409bt)
(Posted: September 9th 2009)
Caldwell vs. Branton, Williamsport Hospital, Susquehanna Health System, Susquehanna Physician Services & Susquehanna Regional Healthcare Alliance
9.4.2009
Dudley N. Anderson
Civil:
Motion to compel witness doctor to testify about whether his consultation report was incorrect based on later obtained information; matter for expert opinion and not fact evidence
(caldwell090409a)
(Posted: September 8th 2009)
Civil:
Motion for summary judgment; statute of limitations; expired writ; service after statute ran; actual notice of the filing of the writ; intent to stall process
(clark083109a)
(Posted: September 4th 2009)
Criminal:
Appeal; sufficiency of the evidence of theft; claim of excessive sentence
(Jennings080309br)
(Posted: August 31st 2009)
Loyalsock Township School District vs. Loyalsock Custodial Maintenance Secretarial and Aide Assn.
8.3.2009
Kenneth D. Brown
Civil:
Appeal
(Loyalsock080309br)
(Posted: August 31st 2009)
Criminal:
Appeal
(Ungard082609br)
(Posted: August 31st 2009)
Civil:
License suspension appeal; refusal to consent to testing; request to reread the warning; refusal to clarify which part of the warning was not understood
(stover082709br)
(Posted: August 31st 2009)
Divorce:
Motion for reconsideration; allowing withdrawal of affidavit of consent; possible reconciliation
(RHS082609k)
(Posted: August 31st 2009)
Criminal:
Post conviction relief act petition; timeliness; waiver by earlier withdrawal
(Lee083109br)
(Posted: August 31st 2009)
Criminal:
Defendant's post conviction relief act petition; timeliness
(Smith083109br)
(Posted: August 31st 2009)
Criminal:
Appeal; DUI case; officer narrates video during trial in violation of court instructions; lack of prejudice
(huff082409a)
(Posted: August 26th 2009)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
