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:
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)
Criminal:
Appeal; failure to file rule 1925 statement; remand
(Williams071409bt)
(Posted: August 4th 2009)
Criminal:
Post sentence motions; drug case; motion for mistrial; prejudice affecting the outcome of the trial; comment about defendant's incarceration; motion for acquittal; chain of custody of drugs; excessive sentence
(peterson073009a)
(Posted: August 3rd 2009)
Divorce:
Divorce case; motion to allow withdrawal of affidavit of consent; equitable authority of the court; change of mind; lack of understanding of economic consequences as a factor; desire for reconciliation; lack of detriment to other party; enforceability of agreement to enter indignities divorce; public policy against collusion
(Stoner071509k)
(Posted: July 31st 2009)
Criminal:
Appeal
(Bricker062909br)
(Posted: July 30th 2009)
Dean Carson Williamsport, LLC vs. Terra Firma Development, LLC and Loyalsock Township
7.16.2009
Richard A. Gray
Civil:
Motion for summary judgment; easement issue; express grant; prescriptive rights; factual issues
(carson071609g)
(Posted: July 30th 2009)
Criminal:
Appeal; sufficiency of the evidence; reasonableness of aggregate sentence
(Cassidy070609bt)
(Posted: July 20th 2009)
Criminal:
Omnibus pretrial motion; murder case; interrogation; writ of habeas corpus; prima facie case; conspiracy involving incarcerated defendant; written waiver of Miranda rights; claim of coercion; need for warrant to obtain records of prisoner calls; inherently unreliable evidence; suggestive identification of defendant
(Patterson071609bt)
(Posted: July 20th 2009)
Criminal:
Appeal
(Neal072009bt)
(Posted: July 20th 2009)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; drug case; vehicle search; evidence of intent to deliver
(Neal070109bt)
(Posted: July 14th 2009)
Criminal:
Petition for relief under the post conviction relief act; ineffective assistance of counsel; reinstatement of appellate rights nunc pro tunc
(Merrill071409bt)
(Posted: July 14th 2009)
Criminal:
Appeal; evidence the defendant is a sexually violent predator
(Kress071409bt)
(Posted: July 14th 2009)
Criminal:
Appeal; excessive sentence; voluntariness of the guilty plea; guilty plea colloquy
(Sander071409bt)
(Posted: July 14th 2009)
Criminal:
Appeal
(Harry070609bt)
(Posted: July 8th 2009)
Adoption:
Appeal; termination of parental rights; failure to provide care for children; medical problems of parent; sexual offender; incarceration
(KJTJTJLB060909k)
(Posted: July 6th 2009)
Walker and AME Zion Church vs. Williamsport and City Council of Williamsport
6.29.2009
Dudley N. Anderson
Administrative Appeal:
Appeal
(walker062909a)
(Posted: June 30th 2009)
Civil:
Preliminary objections; implied deed requirement to join homeowner's association; applicability of constitutional right of association; awardability of costs_x000d_
(hart062909a)
(Posted: June 30th 2009)
Criminal:
Appeal
(Williams052709br)
(Posted: June 29th 2009)
Criminal:
Appeal
(Smith052709br)
(Posted: June 29th 2009)
Criminal:
Appeal; sentencing issue; court discretion; multiple offenses involving burglary and theft; concurrent terms
(Molino060109br)
(Posted: June 29th 2009)
Criminal:
Petition for writ of habeas corpus; sufficiency of the evidence in assault case
(Manley060109br)
(Posted: June 29th 2009)
Criminal:
Post sentence motion; forgery cases; continuance issue; delay tactic; failure of prosecution to provide criminal records of witnesses; hearsay evidence; sufficiency of the evidence; sentencing consecutive terms; individual criminal acts
(Hoyt060109br)
(Posted: June 29th 2009)
Criminal:
Petition to strike Megan's Law requirement; lack of predicate offense; timeliness of request
(Wilson060409br)
(Posted: June 29th 2009)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; theft; failure to return a vehicle to a dealer; intent; credibility issues; excessive sentence
(McCoy060809br)
(Posted: June 29th 2009)
Criminal:
Appeal
(Harrold061509bt)
(Posted: June 29th 2009)
Criminal:
Post sentence motion; sufficiency and weight of the evidence; criminal trespass
(Brown061509br)
(Posted: June 29th 2009)
Criminal:
Appeal; motion for expungement; failure to comply with the requirements of the expungement statute; not free of arrest of prosecution for five years
(Baney062209bt)
(Posted: June 27th 2009)
Loyalsock Township School District vs. Loyalsock Custodial Maintenance Secretarial and Aide Assn.
6.19.2009
Kenneth D. Brown
Civil:
Appeal; opinion on remand; termination of employee for drug use; arbitrability of just cause requirement; decision rationally derived from the collective bargaining agreement; public policy violation; use of drugs after work hours
(Loyalsock061909br)
(Posted: June 20th 2009)
Criminal:
Appeal; sentencing issue; discretion of the court; consideration of mitigating factors; gun enhancement
(Andrews061809bt)
(Posted: June 19th 2009)
Criminal:
Appeal; conviction of driving while suspended for testing refusal; proper notice; presumption of mailing; evidence of periodic destruction of mailbox
(Hill041809k)
(Posted: June 9th 2009)
Criminal:
Appeal; summary conviction; sufficiency of the evidence; failure to produce video; credibility of the officer's testimony; failure to stop at a stop sign; weight of evidence
(Pinkett052009k)
(Posted: June 9th 2009)
Criminal:
Appeal; DUI; sufficiency of the evidence that defendant drove the vehicle
(waldman052109k)
(Posted: June 9th 2009)
Criminal:
Appeal
(Alexander052109k)
(Posted: June 9th 2009)
Criminal:
Supplemental opinion on appeal; reasonable suspicion to make vehicle stop; credibility of the trooper's testimony
(dincher060209a)
(Posted: June 5th 2009)
Criminal:
Appeal
(Rupert060509bt)
(Posted: June 5th 2009)
Criminal:
Appeal; failure to specifically allege error in appeal
(Hines060509bt)
(Posted: June 5th 2009)
Criminal:
Post conviction relief act petition; ineffective counsel; guilty plea unlawfully induced; guilty plea colloquy; appeal of discretionary aspect of the sentence; bald claim of excessiveness
(Cook050409bt)
(Posted: June 1st 2009)
Wills and Estates:
Attorney fee petition; guardianship issue; failure of responsible parties to apply for medical assistance for incapacitated person, so that skilled nursing care fees could be paid; transfer of assets without receiving fair market value; contractual agreement to pay legal fees required to secure payment
(Jones042309bt)
(Posted: June 1st 2009)
Criminal:
Motion to compel documentation related to escrow fund; discovery in PCRA case; evidence related to calling a witness at trial
(Illes033009br)
(Posted: May 26th 2009)
Criminal:
Appeal; DUI; multiple offenses; abuse of discretion in not following plea agreement; mandatory minimum sentences in excess of plea agreement; ability of defendant to force the court to impose an illegal sentence, based on plea agreement
(HEDGES050609br)
(Posted: May 26th 2009)
Criminal:
Pre-trial motion; drug case; notice issue under rule 404(b)(3); sufficiency on notice of evidence; prejudice; unfair surprise; evidence of prior sales of drugs; probative value; limitation of testimony; cautionary instruction
(Blagman051809br)
(Posted: May 26th 2009)
Criminal:
Suppression motion; illegal vehicle search; fruit of the poisonous tree; subsequent investigation; consent to search
(Karaisz052109br)
(Posted: May 26th 2009)
Criminal:
Commonwealth motion to reconsider suppression; illegal vehicle stop; fruit of the poisonous tree; subsequent investigation; consent to search
(Enos052109br)
(Posted: May 26th 2009)
Civil:
Motion for partial judgment on the pleadings; claims for rent, ejectment, unjust enrichment and quantum meruit; oral agreement for sale of property; constructive trust; statute of frauds
(koch052209a)
(Posted: May 26th 2009)
Hutchinson Realty Development, L.L.C. and Old Lycoming Township vs. Old Lycoming Township Zoning Hearing Board and Old Lycoming Township
4.27.2009
Richard A. Gray
Administrative Appeal:
Zoning appeal; request for hearing of additional evidence; discretion of court; availability of evidence at original zoning hearing
(Hutchinson042709g)
(Posted: May 18th 2009)
Civil:
Motion for summary judgment; ERISA; subrogation claim; motorcycle case; proof of subrogable interest; applicability of the Motor Vehicle Financial Responsibility Act;
(aloisio050709a)
(Posted: May 9th 2009)
Criminal:
Appeal; post conviction relief act; discretion of the court; ineffective counsel; trial strategy guided by defendant
(watkins050609k)
(Posted: May 8th 2009)
Criminal:
Motion for new trial; voluntariness of the confession; after-discovered evidence of conflicting statements by accuser; attacking the credibility of a witness
(Reynolds040609br)
(Posted: May 6th 2009)
Criminal:
Appeal; identity theft; weight and sufficiency of the evidence; sentencing discretion
(Shoemaker041309br)
(Posted: May 6th 2009)
Criminal:
Appeal; drug case; weight of the evidence; excessive sentence; sentencing discretion
(Jenkins042009br)
(Posted: May 6th 2009)
Criminal:
Motion to suppress; vehicle stop; squealing tires
(Dimassimo042309br)
(Posted: May 6th 2009)
Civil:
Motions for summary judgment; breach of commercial lease; breach of purchase agreement; impossibility of specific performance
(joachim050109a)
(Posted: May 6th 2009)
Criminal:
Appeal; post conviction relief act petition; weight of evidence; overwhelming evidence of guilt; trial tactics
(watkins041509k)
(Posted: May 1st 2009)
Criminal:
Post sentence motion; sufficiency of the evidence; failure to reside at address registered under Megan's Law; challenge to discretionary aspect of the sentence; aggravated range
(Rupert041709bt)
(Posted: April 29th 2009)
Criminal:
Appeal; sentencing discretion; substantial question of appropriateness of sentence; plea agreement
(Mullen042709bt)
(Posted: April 29th 2009)
Criminal:
Suppression motion; DUI stop; reasonable suspicion that vehicle code violation was committed
(Ingram042109bt)
(Posted: April 23rd 2009)
Walker and AME Zion Church vs. Williamsport and City Council of Williamsport
4.21.2009
Dudley N. Anderson
Administrative Appeal:
Appeal from denial of conditional use application for church, youth ministry and after school children's program; abuse of discretion standard; mere speculation of possible harm to the public
(walker042109a)
(Posted: April 23rd 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 16th 2009)
Criminal:
Appeal
(turner041409bt)
(Posted: April 16th 2009)
Criminal:
Appeal; appealable order
(fisher031809k)
(Posted: April 15th 2009)
Criminal:
Appeal; sentencing issues; timeliness
(bradley030609s)
(Posted: April 15th 2009)
Civil:
Preliminary objections; dog shooting; value of personal property; claim for intentional and negligent infliction of emotional distress; punitive damages
(calafut040809a)
(Posted: April 15th 2009)
Criminal:
Post conviction relief act petition; consideration for inpatient drug treatment; habeas corpus rights
(Dennis041409bt)
(Posted: April 15th 2009)
Civil:
Landlord and tenant case; request for judgment of possession; repayment agreement; contract of adhesion
(breil040709a)
(Posted: April 13th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 13th 2009)
Civil:
Post trial relief; legal enforceability of an agreement; recoverability of attorney's fees; discretion of court to award pre-judgment interest in equity cases
(gordon030309g)
(Posted: April 7th 2009)
Civil:
Motion for summary judgment; sidewalk defect; trivial defect; open and obvious; jury question
(wertman031109g)
(Posted: April 7th 2009)
Administrative Appeal:
Appeal; failure to object to deciding the zoning question based on the record created at the zoning hearing
(plaxton040609a)
(Posted: April 7th 2009)
Administrative Appeal:
Appeal; court's failure to address certain issues in resolving the zoning appeal; counsel's narrowing the issues on the record
(piccolella040609a)
(Posted: April 7th 2009)
Criminal:
Habeas corpus; prima facie case; rationality of statute providing for higher grade for sex crime against child
(Marshall022609br)
(Posted: March 31st 2009)
Criminal:
Post sentence motion; sufficiency and weight of evidence; excessive sentence
(Jennings030409br)
(Posted: March 31st 2009)
Criminal:
Post conviction petition act petition; timeliness; jurisdiction of the court
(Ungard032309br)
(Posted: March 31st 2009)
Criminal:
Motion for reconsideration; effectiveness of counsel; objection to review by jury of book manuscript
(Illes032609br)
(Posted: March 31st 2009)
Criminal:
Post conviction relief act petition; effectiveness of counsel; character witnesses; community reputation for truthfulness
(Harrold032609bt)
(Posted: March 31st 2009)
Criminal:
Omnibus pretrial motion; habeas corpus; prima facie case; DUI; suppression; voluntariness of blood testing
(Wilson032609bt)
(Posted: March 31st 2009)
Civil:
Appeal
(reidy032609a)
(Posted: March 31st 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 26th 2009)
Civil:
Motion for summary judgment; fall case; Restatement of Torts, sections 342 and 361; knowledge of the condition of land
(cipriani030509a)
(Posted: March 24th 2009)
Criminal:
Appeal; denial of oral request to withdraw guilty plea; need for a hearing; lack of merit of request
(Augustine030609bt)
(Posted: March 24th 2009)
Criminal:
Post sentence motion; drug case; burden of proof for constructive possession; jury's request to repeat a charge containing the elements of an offense as requiring a new trial; sufficiency and weight of the evidence
(Tiller031309bt)
(Posted: March 24th 2009)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 24th 2009)
Criminal:
Appeal
(miller032409a)
(Posted: March 24th 2009)
Criminal:
Appeal; weight of the evidence
(hill032409a)
(Posted: March 24th 2009)
Criminal:
Appeal; sentencing issues; discretion of the court
(shuman031809a)
(Posted: March 23rd 2009)
Black vs. Labor Ready, Inc., Williamsport Steel Container Corp. and Rheem Manufacturing Company, Inc.
3.18.2009
Dudley N. Anderson
Civil:
Appeal; worker's compensation immunity; collateral estoppel; two employers
(black031809a)
(Posted: March 23rd 2009)
Criminal:
Post sentence motion; excessive sentence; mitigating factors; sentence consistent with plea agreement; DUI and assault by vehicle
(Earnest032309bt)
(Posted: March 23rd 2009)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
