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:
Motion to suppress; DUI; reasonable and articulable facts to believe a crime was being committed when driver ordered to return to car; seizure of defendant
(Fogelman021809br)
(Posted: March 3rd 2009)
Criminal:
Motion regarding use at trial of other crime evidence; juvenile offenses; similarity of facts; considerations of probative value and prejudice; need for other crime evidence in light of admissions by defendant
(Haught022009br)
(Posted: March 3rd 2009)
Criminal:
Post conviction relief act petition; timeliness; waivability of a claim involving an illegal sentence
(Williams022609br)
(Posted: March 3rd 2009)
Civil:
Appeal; request to set aside tax sale; notice issue; mailing requirements; reasonableness of efforts to determine addresses of property owners
(trotta021709a)
(Posted: February 25th 2009)
Criminal:
Motion to suppress; consent to frisk; authority to detain to serve PFA order; abandoned drugs
(Crowder010909bt)
(Posted: February 25th 2009)
Criminal:
Suppression motion; legality of vehicle stop; reasonable suspicion to believe that violations of the Motor Vehicle Code had occurred; order to exit vehicle
(Smith022309bt)
(Posted: February 24th 2009)
Divorce:
Appeal; request to remove children from jurisdiction; Gruber analysis; likelihood of substantial improvement in the quality of life of custodial parent and children; viability of reasons given by parent for relocation
(oberheim021709a)
(Posted: February 19th 2009)
Criminal:
Post conviction collateral relief petition; ineffective counsel; timeliness
(bradley010909s)
(Posted: February 11th 2009)
Criminal:
Appeal; petition for relief under the Pennsylvania Constitution; timeliness; post conviction relief act as sole means of raising issues
(howlett010909s)
(Posted: February 11th 2009)
Administrative Appeal:
Appeal by PaDOT; license suspension appeal; suspension of license for failure to respond to citation; effect of subsequent responding to citation and payment of fines; statutory construction; amendment of the statute
(Burgess012609br)
(Posted: February 11th 2009)
Criminal:
Petition for habeas corpus; prima facie case; criminal trespass; defendant in "wrong house"
(Garrison021009bt)
(Posted: February 11th 2009)
Black vs. Labor Ready, Inc., Williamsport Steel Container Corp. and Rheem Manufacturing Company, Inc.
2.6.2009
Dudley N. Anderson
Civil:
Motion for summary judgment; worker's compensation exclusivity; right to control Plaintiff's work and manner of performing it
(blackwmsptsteel020609a)
(Posted: February 11th 2009)
Black vs. Labor Ready, Inc., Williamsport Steel Container Corp. and Rheem Manufacturing Company, Inc.
2.6.2009
Dudley N. Anderson
Civil:
Motion for summary judgment; duty of seller of used equipment; subsequent removal of guard; intended use
(blackrheem020609a)
(Posted: February 11th 2009)
Criminal:
Petition for writ of habeas corpus; open lewdness; likelihood that lewd conduct would be observed by someone who would be affronted or alarmed; conduct occurring in public place during daylight
(Payne012709bt)
(Posted: January 30th 2009)
Criminal:
Motion to suppress; probable cause to stop vehicle; erratic driving; reasonable suspicion of violation of Vehicle Code
(Gray012709bt)
(Posted: January 27th 2009)
Criminal:
Appeal; challenge to discretionary aspect of sentence; abuse of discretion; prior record; consideration of prior record and history of mental illness
(Parker012709bt)
(Posted: January 27th 2009)
Custody:
Appeal; shared custody order; primary custody awarded to father; reversal of previous order; prolonged emotional and physical conflicts between child and mother; best interests of the child
(CP120808K)
(Posted: January 14th 2009)
Criminal:
Motion to suppress; Miranda warnings; custodial interrogation; comments elicited without questioning, but in response to reading the affidavit of probable cause; likelihood of eliciting an incriminating response
(Barto010909bt)
(Posted: January 14th 2009)
Criminal:
Motion to suppress; drug possession case; violation of bicycle lighting requirements; pat-down in high crime area of person known from prior criminal investigations; lack of testimony that officer believed person to be armed
(Barasky011309bt)
(Posted: January 14th 2009)
Criminal:
Motion to suppress; drug case; search by probation officer because of suspicion of probation violation; approval of supervisor to search; exigent circumstances
(Turner011309bt)
(Posted: January 14th 2009)
Criminal:
Omnibus pre-trial motions; suppression; drug case; search and seizure; reasonable suspicion to stop and frisk; valid consent to search; probable cause to obtain warrant to search vehicle; plain sight; habeas corpus motion; prima facia case; conspiracy; presumptions concerning weapon's use in crime
(Brister010609bt)
(Posted: January 7th 2009)
Criminal:
Appeal
(Williams010509)
(Posted: January 7th 2009)
Criminal:
Appeal; weight of the evidence; self defense claim; evidence supporting assault and criminal trespass convictions
(Lyons121208S)
(Posted: January 4th 2009)
Criminal:
Appeal; sufficiency and weight of evidence of burglary; discretion in imposing an aggravated sentence; breach of trust
(Malkowicz121908br)
(Posted: January 4th 2009)
Criminal:
Petition for post conviction relief; ineffective counsel; failure to file suppression motion; failure to call claimed exculpatory witness; rational basis for strategy; lack of merit of underlying claims
(Watkins123108K)
(Posted: January 4th 2009)
Custody:
Grandparent custody petition; dependent children; jurisdiction of family court over children who were adjudicated dependent by the juvenile court
(CH123108K)
(Posted: January 4th 2009)
Adoption:
Appeal
(T.C.123008bt)
(Posted: January 4th 2009)
Administrative Appeal:
Zoning permit appeal; wind energy project; claimed application deficiencies; need to address storm water management; fear that size of turbines could be substantially increased; need for a timeline; due process rights to read written statement or cross examine witnesses; attorney conflict of interest; standing
(piccolella122408a)
(Posted: January 2nd 2009)
Administrative Appeal:
Zoning permit appeal; substantive validity challenge to zoning ordinance amendment; judicial decision as res judicata to amendment of ordinance; prerogative of legislative body to circumvent judicial decision; inconsistency of ordinance with resource protection zone; due process rights to cross examine witnesses
(plaxton122408a)
(Posted: January 2nd 2009)
Administrative Appeal:
Land use appeal; statutory stay; validity of land development plan approval during period of stay created by zoning permit appeal; attorney conflict of interest
(laurelhill122408a)
(Posted: January 2nd 2009)
Civil:
Preliminary objections; contract action relating to sale of real estate; rescission; pleading special damages with particularity; misrepresentation and breach of warranty; parol evidence rule
(southsidedev123008a)
(Posted: January 2nd 2009)
Wills and Estates:
Petition for review of Dept. of Revenue decision; common-law spouse; rebuttable presumption in absence of evidence of the exchange of verba in praesenti; evidence rebutting presumption of common-law marriage
(Bubb121608bt)
(Posted: December 16th 2008)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to secure video surveillance tape; lack of evidence of existence of a tape; failure to request bill of particulars where the information was specific
(Colyer121508bt)
(Posted: December 15th 2008)
Criminal:
Motion for habeas corpus or to dismiss; murder case; mutual fight; prima facia showing of malice; victim with heart disease; direct and substantial factor in bring about death; sufficiency of evidence
(Ball121508bt)
(Posted: December 15th 2008)
Criminal:
Motion to withdraw guilty plea; DUI case; plea entered under threat or coercion; lack of prejudice to district attorney; assertion of innocence
(McGraw121108bt)
(Posted: December 11th 2008)
Criminal:
Motion for habeas corpus or to dismiss; murder case; prima facie case; punching infant in chest as punishment; terroristic threats; death threat
(Peterkin120208bt)
(Posted: December 9th 2008)
Civil:
Preliminary objections; punitive damages; lack of claim of outrageous conduct; vague and conclusory averments
(confer120908g)
(Posted: December 9th 2008)
Criminal:
Appeal; search of a home; drug and gun offenses; suppression issues raised during trial; pro se representation; validity of search warrants; sufficiency of evidence of possession; claim of excessive sentence
(cobbs110508k)
(Posted: December 8th 2008)
Divorce:
Appeal; protection from abuse case; act of throwing candlestick toward person is an act of abuse in that it constituted an intentional, knowing and reckless attempt to cause bodily injury
(MTK112108k)
(Posted: December 8th 2008)
Civil:
Motion for summary judgment; affidavit in opposition; issue of fact; doctrine of merge; consideration; implied warranty of habitability; ability to use road that ices
(lander112508g)
(Posted: December 8th 2008)
Criminal:
Appeal
(Cruz-Echeverria120208bt)
(Posted: December 8th 2008)
Civil:
Preliminary objections; late filing; prejudice; failure to state a cause of action; duty of health care provider to warn potential third parties who could come in contact with patient with communicable disease
(seebold120408g)
(Posted: December 4th 2008)
Civil:
Preliminary objections; timeliness; duty; failure to state a cause of action
(wright120408g)
(Posted: December 4th 2008)
Criminal:
Petition for post conviction collateral relief; excessive sentence; ineffective counsel
(mcdaniels120308g)
(Posted: December 3rd 2008)
Criminal:
Motion to suppress; defective affidavit of probable cause; criminal record of informant; voluntary statement given to police at request of mother
(DD110408br)
(Posted: December 2nd 2008)
Civil:
Exceptions to report of board of viewers; Private Road Act; use of alternate road extremely difficult and burdensome; financial practicality improving of alternate route; long and historic use of existing road; necessity of private road
(barnard120108a)
(Posted: December 1st 2008)
Civil:
Non-jury trial; Unfair Trade Practices and Consumer Protection Law; purchase for investment purposes; sale of antiques that were altered; breach of contract; statute of limitations; false statements; calculation of damages; attorney's fees; vicarious liability for torts of an agent
(worobec120108a)
(Posted: December 1st 2008)
Criminal:
Omnibus pretrial motion; animal cruelty; prima facia case
(Winder112408bt)
(Posted: November 24th 2008)
Administrative Appeal:
Appeal from the decision of the Board of Health; application of the International Property Maintenance Code; constitutional rights; mootness
(bureauofcodes112108a)
(Posted: November 21st 2008)
Criminal:
Appeal; restitution; causal connection to crime
(Ford112008bt)
(Posted: November 20th 2008)
Shaheen Cycle Sales and Service, Inc. vs. Nashville Powersport Auction, LLC, Settles, McGregor, Fowler and Appleton
11.18.2008
Richard A. Gray
Civil:
Preliminary objections; personal jurisdiction; minimum contacts; solicitation of business in Pennsylvania by Tennessee firm; independent cause of action for breach of implied covenant of good faith and fair dealing; no reserve auction contract; fraudulent misrepresentation; puffery; need for extrinsic evidence
(shaheen111808g)
(Posted: November 18th 2008)
Criminal:
Appeal; drug case; qualification of expert; police officer's testimony about facts relating to possession of drugs being consistent with the intent to deliver
(Monroe111808bt)
(Posted: November 18th 2008)
Civil:
Landlord tenant action; possession of property; abatement of rent due to conditions of the property; summary judgment; termination of lease while rent abated
(lindsay111808g)
(Posted: November 18th 2008)
Civil:
Post trial motions; landlord-tenant matter; requirement of grievance hearing in public housing matter; violation of lease; criminal activity; victim of domestic violence; reasonableness of lease provisions relating to criminal activity
(Everly111208g)
(Posted: November 12th 2008)
Criminal:
Post conviction hearing act petition; failure to secure complete and detailed prior criminal history for cross examination; missing transcripts of opening and closing statements; undefined errors
(Williams110608bt)
(Posted: November 6th 2008)
Criminal:
Appeal; reinstated appeal rights
(Johnson101708K)
(Posted: November 5th 2008)
Civil:
Appeal; constitutionality of zoning ordinance relating to adult entertainment establishment; statutory construction; vagueness; grandfathered rights; amendment of ordinance eliminating claim
(WhynonArmstrong102308K)
(Posted: November 5th 2008)
Wills and Estates:
(O'Connell102308bt)
(Posted: November 5th 2008)
Criminal:
Post sentence motion; sufficiency and weight of evidence; corruption of a minor who is already corrupt; sentencing discretion; consecutive sentences; reimposition of the same sentence after original sentenced challenged
(Hennigan110508g)
(Posted: November 5th 2008)
Criminal:
Summary appeal; disorderly conduct; unreasonable noise; loud music; recording studio in a residential district; exclusion of decibel meter testimony; accuracy of decibel meter
(Widing102108bt)
(Posted: October 21st 2008)
Wills and Estates:
Motion to dismiss objection and compel answers to interrogatories; discovery that will lead to admissible and relevant evidence; unreasonable burden; “fishing expedition”
(Chelentis102108bt)
(Posted: October 21st 2008)
Criminal:
Suppression motion; reasonable suspicion to detain driver for motor vehicle violation; search and seizure of drugs; sufficiency of evidence of intent to deliver; prima facia case; inference based on possession of large amount of drugs; testimony by narcotics expert
(McFarland101408bt)
(Posted: October 14th 2008)
Adoption:
Petition for involuntary termination of parental rights; severe alcohol problems; best interest of the children; Indian Child Welfare Act of 1978; serious emotional or physical damage to the child
(TC101408bt)
(Posted: October 14th 2008)
Criminal:
Appeal; assault of a prison guard; right to examine adverse witnesses at preliminary hearing; prima facia case; timeliness of disclosure of evidence by Commonwealth; impact on verdict; forced election to proceed pro se by failure to provide competent counsel; exhibits to go out with the jury; discretion of court
(McLaughlin090508K)
(Posted: October 9th 2008)
Criminal:
Post sentence motion; violation of plea agreement; sufficiency and weight of the evidence; elements of criminal trespass; appeal of discretionary aspects of the sentence
(Ford100608bt)
(Posted: October 8th 2008)
Criminal:
Appeal; drug case; sufficiency and weight of evidence; disclosure of material evidence; need for eyewitness testimony of delivery of drugs; bare allegations of investigator misconduct; after-discovered evidence; admission of hearsay evidence; utterance not offered to prove the truth of the matter asserted
(chapman100108g)
(Posted: October 8th 2008)
Criminal:
Appeal of denial of private criminal complaint; violation of custody order; policy reasons for failing to prosecute; deference of court to district attorney's decision
(borisova100108a)
(Posted: October 3rd 2008)
Criminal:
Petition to determine restitution; indecent assault; counseling costs paid by father; definition of "victim", indirect victim, legal obligation to pay minor's expenses
(apker100108a)
(Posted: October 3rd 2008)
Criminal:
Suppression motion; mere encounter by police; refusal to keep hands out of pockets; "pat down" because of reasonable concern for safety; probable cause to arrest when search discloses drugs
(Harry092208br2)
(Posted: October 3rd 2008)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for expired registration; marijuana in plain view; probable cause to arrest and search; voluntary statements; prima facia case for delivery of drugs
(Harry092208br1)
(Posted: October 3rd 2008)
Criminal:
Remand from appeal for resentencing; mandatory minimum sentence; drug sales within 1000 feet of school property; start of measurement
(banks092208a)
(Posted: October 2nd 2008)
Criminal:
Murder trial; post sentence motion; questioning of witness about plea agreement; testimony about co-conspirator and conspiracy that was not identified in the information; accomplice liability; co-defendant's outburst on stand; reference to outburst in closing argument; comment on defendant's failure to testify; selective prosecution; expert testimony; chain of custody of mailed item; admissibility of photographs of body
(Cruz-Echeverria100108bt)
(Posted: October 2nd 2008)
Criminal:
Post sentence motions; sexual abuse of children; purpose of possessing child pornography; applicable sentencing guidelines; sexually violent predator
(wheelock093008a)
(Posted: October 2nd 2008)
Support, Divorce:
Exceptions to alimony pendente lite; income computation; mortgage contribution
(brague091808a)
(Posted: September 25th 2008)
Civil:
Non-jury trial; landlord-tenant case; excluded person; violation of lease; due process; violation of guest privileges
(Everly091908g)
(Posted: September 25th 2008)
Civil:
Non-jury trial; interpretation of commercial real estate purchase and sale agreement; financing contingency; environmental issues; return of deposit
(Gordon091908g)
(Posted: September 25th 2008)
Criminal:
Remand for appeal to determine competency to stand trial; ability to understand the nature of the proceedings or to participate and assist the defense
(Tanner092208a)
(Posted: September 23rd 2008)
Cupp vs. Cedar Shopping Center, Inc. and HRI Incorporated vs. Loyal Plaza Associates, L.P.
9.19.2008
Dudley N. Anderson
Civil:
Motion for summary judgment; slip and fall case; duty of snow removal contractor; premature motion; possession of land by contractor
(cupp091908a)
(Posted: September 23rd 2008)
Criminal:
Appeal; illegal possession of a firearm; sufficiency of evidence of possession; weight of evidence; excessive sentence
(Ellison092208br)
(Posted: September 22nd 2008)
Civil:
Post trial motion; recovery of attorney fees; lack of contractual agreement or statutory authorization allowing fee award
(ClintonTownship092208br)
(Posted: September 22nd 2008)
Support:
Petition to terminate child support; acknowledgment of paternity obtained by fraud; 60 day window to challenge acknowledgment
(kissinger090908a)
(Posted: September 15th 2008)
Holland vs. Pennsylvania National Mutual Casualty Insurance Company and Bonner
9.9.2008
Dudley N. Anderson
Civil:
Motions for summary judgment; resident of household; exclusion from coverage; homeowner's insurance
(holland090908a)
(Posted: September 15th 2008)
Wills and Estates:
Trustee's petition for clarification; trust interpretation; intent of the settlor
(Youngman090808bt)
(Posted: September 15th 2008)
Adoption:
Involuntary termination of parental rights; failure to perform parental duties; father's lack of contact; incarceration; needs and welfare of child; child's lack of relationship with father
(am091508a)
(Posted: September 15th 2008)
Criminal:
Appeal
(Mincy091208br)
(Posted: September 12th 2008)
Criminal:
Appeal; drug and gun case; confidential informant; sufficiency and weight of evidence; entrapment; waiver of issues; excessive sentence; standard range
(Barnes09102008br)
(Posted: September 10th 2008)
Criminal:
Rule 600 motion; defense continuance requests; excludable time
(Blackwell09092008br)
(Posted: September 9th 2008)
Criminal:
Omnibus pre-trial motion; suppression; search of vehicle in exigent circumstances; safety of the officer or public; handcuffed vehicle occupants; habeas corpus; sufficiency of evidence of possession of drugs and paraphernalia; no testimony to review
(Cradle090208bt)
(Posted: September 5th 2008)
Criminal:
Appeal
(Smith090408bt)
(Posted: September 5th 2008)
Criminal:
Motion for reconsideration; appeal; jurisdiction of court; collateral issues
(Howllett090408s)
(Posted: September 4th 2008)
Civil:
Preliminary objections; fraud; negligent misrepresentation; unfair trade practices and consumer protection law; justifiable reliance; parol evidence rule; subjects specifically dealt with in written contract; merger.
(tully082908a)
(Posted: September 2nd 2008)
Criminal:
Petition for writ of habeas corpus; testimony establishes solicitation of someone to place cocaine in food to cause a heart attack; cocaine provided in furtherance of the goal; prima facie case established
(Reiman080508br)
(Posted: August 30th 2008)
Criminal:
Motion for reconsideration of sentencing order; restitution; funeral expenses; insurance company settlement; subrogation
(Griffith080608br)
(Posted: August 30th 2008)
Criminal:
Appeal; sufficiency and weight of evidence; conspiracy to deliver drugs; defendant found with "buy" money; failure to file post trial motion; jury rejecting exculpatory testimony; evidence of prior drug deals by co-defendants; rebutting defense of mere presence
(james081808br)
(Posted: August 30th 2008)
Criminal:
Motion to dismiss; rule 600; excludable time; defense counsel illness; defense continuance requests
(Parsons082508br)
(Posted: August 30th 2008)
Criminal:
Motion to dismiss for violation of rule 110; prior guilty plea to similar charges; insufficient information to file the complaint
(Young082608br)
(Posted: August 30th 2008)
Criminal:
Post sentence motion; sufficiency of the evidence; weight of the evidence; hearsay testimony of confidential informants; drug case; intent to deliver conviction; possession of large amount of cocaine, cell phones and gun; hearsay testimony on character of defendant
(Smith082808bt)
(Posted: August 28th 2008)
Criminal:
Appeal
(Dauber082608bt)
(Posted: August 27th 2008)
Criminal:
Appeal; post conviction relief act petition; Rule 1925 statement; waiver
(Colyer082608bt)
(Posted: August 27th 2008)
Criminal:
Motion to suppress; drug case; search and seizure; abandonment; Miranda warnings; booking information concerning addiction or under the influence
(Monroe082608bt)
(Posted: August 27th 2008)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
