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:
Appeal
(Watts082708bt)
(Posted: August 27th 2008)
Criminal:
Petition for relief under Pa. Constitution; ineffective counsel; post conviction relief act petition as sole means of obtaining post conviction collateral relief; timeliness
(Howlett081108s)
(Posted: August 20th 2008)
Southside Developers, Inc. vs. Zoning Hearing Board of Armstrong Township vs. Armstrong Township
8.18.2008
Richard A. Gray
Administrative Appeal:
Appeal from denial of zoning permit; variance request; abuse of discretion or error of law; conservation open space zoning; unnecessary hardship; adverse affect to public welfare
(sourthside081808g)
(Posted: August 19th 2008)
Divorce:
Declaratory judgment; divorce case; date of separation; presumption; divorce complaint filed; lack of continued cohabitation; payment of marital bills
(Laurenson080808g)
(Posted: August 17th 2008)
Civil:
Non-jury trial; case stated; demand for early payment of loan; suggested insolvency; failure to pay business privilege tax on time; materiality late tax payment; substantial performance of contract
(twigg081108a)
(Posted: August 17th 2008)
Criminal:
Post conviction relief act petition; ineffective counsel; eye witness testimony; evidence of victim's propensity for aggressive conduct; failure to object to hearsay testimony; missing witness instruction
(Williams080808bt)
(Posted: August 17th 2008)
Criminal:
Appeal; supplemental opinion attaching prior court decision
(mitchell061608)
(Posted: August 6th 2008)
Criminal:
Omnibus pre-trial motion; search and seizure of drugs; college police; probable cause; soliciting sale of drugs; underage intoxication
(Rojas-Nunez070708br)
(Posted: August 6th 2008)
Civil:
Partition action; exceptions to master's report; timeliness; conditional gift in contemplation of marriage; offsetting expenses
(Marmara071808br)
(Posted: August 6th 2008)
Criminal:
Petition for writ of habeas corpus; institutional sexual assault; correctional officer sexual contact with person sentenced to in-home detention with ankle bracelet
(Potts080808br)
(Posted: August 6th 2008)
Criminal:
Appeal; petition for common law writ of habeas corpus ad subjiciendum; existence of a remedy; previously denied post conviction relief act petition
(Harman080708bt)
(Posted: August 6th 2008)
Wills and Estates:
Appeal
(Younes073008bt)
(Posted: August 5th 2008)
Civil:
Motions for reconsideration of summary judgment; existence of tort to establish concerted tortious conduct
(Confair071408g)
(Posted: July 29th 2008)
Criminal:
Appeal; sufficiency or weight of the evidence; credibility of the testimony of defendant; res gestae exception to rule against admission of other crime evidence; failure to seek cautionary instruction
(horton072808s)
(Posted: July 29th 2008)
Civil:
Petition to open default judgment; filed within 10 days; defense to mortgage foreclosure; claimed breach of fiduciary duty of attorney in transaction; fraud; specific pleading; meritorious defense
(xcend072508a)
(Posted: July 28th 2008)
Civil:
Motions for summary judgment; asbestos exposure; plaintiff's burden to show exposure to defendant's product on a regular, frequent and proximate basis; causation; generalized expert opinions; other possible sources of asbestos exposure; minimal exposure; hearsay or speculative evidence
(Copenhaver070708g)
(Posted: July 20th 2008)
Deutsche Bank National Trust Company, as trustee of Argent Securities, Inc. vs. Hyde
7.7.2008
Richard A. Gray
Civil:
Motion for summary judgment; mortgage foreclosure action; alleged predatory refinancing loan; responsibility of mortgage holder for representations made by the original loan broker
(Deutsche070708g)
(Posted: July 20th 2008)
Criminal:
Appeal
(Randall071508bt)
(Posted: July 20th 2008)
Civil:
Appeal
(Lefever071008bt)
(Posted: July 19th 2008)
Civil:
Motions for summary judgment; interpretation of restrictive stock agreement of a close corporation; unambiguous contract
(Doebler060408K)
(Posted: July 7th 2008)
Criminal:
Suppression motion; DUI case; probable cause to stop; squealing wheels; evidence of possibility of wheels squealing
(Klementovich063008bt)
(Posted: July 7th 2008)
Civil:
Non-jury trial; declaratory and injunctive relief; constitutionality of zoning statute; adult bookstore; failure to apply for a license; enforcement of ordinance that is partially unconstitutional; challenge to application procedure
(Whynon63008K)
(Posted: July 7th 2008)
Criminal:
Appeal
(Gennarelli063008br)
(Posted: July 7th 2008)
Criminal:
Appeal
(johnson063008br)
(Posted: July 7th 2008)
Divorce:
Appeal; refusal to enforce marital settlement agreement; execution of marital agreement due to restraint or danger; credibility of witnesses
(Splain070108g)
(Posted: July 7th 2008)
Wills and Estates:
Petition to appoint an auditor; handwritten will changes; use of initials
(Pfleegor061708bt)
(Posted: June 28th 2008)
Criminal:
Appeal
(ritter062408a)
(Posted: June 28th 2008)
Civil:
Motion for summary judgment; rescission claim; reverter clause; financing problem; mutual mistake; warranty of marketability of title; possibility of placing the parties in their former positions
(theparkhome062308a)
(Posted: June 28th 2008)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to call witnesses; failure to object to evidence; evidence planting; objecting to the charge; consciousness of guilt; sequestration; change of venue; evidence going to the jury; failure to impeach witnesses; failure to secure experts; limiting issues on appeal; taint hearing; police reenactment; stipulations; deadlocked jury; recusal; conflict of interest
(illes062608br)
(Posted: June 28th 2008)
Woodlands Bank vs. Equipment Finance, LLC and Sterling Financial Corporation
6.16.2008
Dudley N. Anderson
Civil:
Preliminary objections; equipment loan agreements; breach of contract; fraud and breach of fiduciary duty claims; specificity; limitation of remedy; gist of the action; parol evidence rule
(woodlands061608a)
(Posted: June 18th 2008)
Criminal:
Suppression motion; Miranda issue; impermissible inducement to waive Miranda rights; voluntariness of statement; implication that the District Attorney would be lenient; coercion
(Dauber061208bt)
(Posted: June 17th 2008)
Civil:
Motions for summary judgment; wall construction; statute of limitations; continuing trespass; consent to construct wall, later revoked; equitable estoppel
(seitzer060508a)
(Posted: June 10th 2008)
Criminal:
Post sentence motion; weight and sufficiency of evidence; DUI; question of when drinking occurred
(ritter060508a)
(Posted: June 10th 2008)
Wills and Estates:
Appeal
(Heiser061008bt)
(Posted: June 10th 2008)
Civil:
Motions for summary judgment; interpretation and application contract; stock purchase agreement; options to purchase shares; rules of construction; freeze out of the minority shareholders; concerted tortious conduct
(confair060908g)
(Posted: June 10th 2008)
Criminal:
Appeal
(Scott061008bt)
(Posted: June 10th 2008)
Civil:
Non jury trial; failure to pay for work performed; cost exceeded estimates; mechanics lien; Statute of Frauds
(dixon060408g)
(Posted: June 10th 2008)
Civil:
Slip and fall case; wet parking lot; general slippery condition; burden of proof; non-jury trial
(Kingsley052108g)
(Posted: June 3rd 2008)
Criminal:
Motion to suppress evidence; DUI; reasonable suspicion to believe the vehicle code was violated
(Kurtz052108br)
(Posted: June 3rd 2008)
Criminal:
Summary appeal; dog law violation; strict liability; reasonable control
(Yacha060208g)
(Posted: June 3rd 2008)
Criminal:
Appeal; murder case; sufficiency of evidence; a motive, propensity and opportunity; circumstantial evidence; evidence of prior bad acts; prejudice; use of a jury questionnaire; change of venire or venue; juror challenges; challenge to the entire jury array as not representational; relationship of peremptory challenge to race; cautionary instructions; consciousness of guilt; fine imposed as part of his sentence
(Mitchell060208K)
(Posted: June 2nd 2008)
Criminal:
Appeal; Robbery conviction; order to file concise statement of matters complained of on appeal; waiver of appeal issues
(Williams053008bt)
(Posted: June 2nd 2008)
Criminal:
Motion to dismiss; rule 600; reasonable and good faith effort to bring case to trial in 365 days; court backlog
(Fenstermaker050708g)
(Posted: May 16th 2008)
Mill Tech, Inc. vs. Harleysville Mutual Insurance Co. and Ronald R. Enders and Sons, Inc.
5.14.2008
Dudley N. Anderson
Civil:
Motion for summary judgment; insurance coverage; exclusion for engineering services; preparation of engineered drawings
(milltech051408a)
(Posted: May 16th 2008)
Mill Tech, Inc. vs. Harleysville Mutual Insurance Co. and Ronald R. Enders and Sons, Inc.
5.14.2008
Dudley N. Anderson
Civil:
Motion for summary judgment; fiduciary duty of insurance agent; duty of good faith and fair dealing; negligence claims; factual issues
(milltechenders051408a)
(Posted: May 16th 2008)
Criminal:
Post conviction relief act petition; no merit letter; timeliness; jurisdiction
(Randall051508bt)
(Posted: May 16th 2008)
Criminal:
Post conviction hearing act petition; effective assistance of counsel; sexual assault case; trial tactics; questioning of expert witness; certainty of expert opinion; father's testimony about behavior change in child; questions suggesting a number of incidents
(Coyler051508bt)
(Posted: May 16th 2008)
Wills and Estates:
Interpretation of trust and will codicil; ambiguity; parol evidence; intent of testator
(Evenden051408bt)
(Posted: May 15th 2008)
Criminal:
Appeal; ineffective counsel; suppression; existing search warrant; failure to appeal
(perry040308k)
(Posted: May 6th 2008)
Adoption:
Involuntary termination of parental rights; incarcerated parent; participation by video conference; medically fragile child; no efforts to maintain contact with the agency while in prison or further parenting skills; harm to child; tolling parent's responsibilities during incarceration; best interests of the child
(ab040308br)
(Posted: May 5th 2008)
Civil:
Motion for reconsideration; viewed as post trial motion; consistency of verdict; evidence to support claim; amendment to conform to evidence at end of trial
(Lefever040708bt)
(Posted: May 5th 2008)
Civil:
Appeal; motion for summary judgment granted; insufficient evidence for jury; slip and fall; length of time ice present; failure to remove snow piles; duty; theory that high piles of snow caused melting; lack of expert testimony
(Eleazer040908br)
(Posted: May 5th 2008)
Criminal:
Post conviction relief act petition; dismissal; timeliness; late discovery; diligence; previously litigated issues; ineffective counsel
(Mincy041708br)
(Posted: May 5th 2008)
Criminal:
Motion to dismiss under rule 600; DUI case; defendant leaving jurisdiction to avoid arrest; refusal to cooperate to accept arrest warrant; no effort to extradite from Florida due to county policy; equities favoring the prosecution
(JACOBS042508br)
(Posted: May 5th 2008)
Civil:
Motion for post-trial relief; uncontroverted evidence; prerogative of the jury to believe any, all or none of the witness' testimony; admissibility of photos of accident scene; inflammatory nature; constitutionality of Dead Man's Act; waiver
(parry043008a)
(Posted: April 30th 2008)
Criminal:
Motion to suppress; police efforts to secure positive identity where name given was not in records; fleeing from police questioning; disposal of contraband while fleeing; abandonment
(Jones042508bt)
(Posted: April 29th 2008)
Criminal:
Appeal; juvenile adjudication; sufficiency of the evidence; agreement of group to hit the victim; identification
(McCutchen042908g)
(Posted: April 29th 2008)
Criminal:
Motion to suppress; animal cruelty allegation; probable cause for search; observation of excessive number of cats, some of which were sick; previous incident showing a continuing course of conduct
(Isaacson042808bt)
(Posted: April 29th 2008)
Civil:
Motion to strike or open confessed judgment; issues of fact are not a basis for striking a confessed judgment; to open a judgment, a meritorious defense as well as evidence sufficient to be submitted to the jury must be alleged
(spcpgroup042208a)
(Posted: April 26th 2008)
Support:
Exceptions to support order; rental income; income tax deduction; mortgage expenses; earning capacity; inability to find work despite substantial effort
(bigger042308a)
(Posted: April 26th 2008)
Administrative Appeal:
Appeal from grant of application for special exception; cellular tower; county comprehensive plan's objective of scenic preservation; substantial evidence; priority of permitted uses over general recommendations in plan
(piccolella041708a)
(Posted: April 20th 2008)
Support:
Exceptions to support order; award of federal income tax exemption; recalculation of support obligation
(wray040208a)
(Posted: April 16th 2008)
Divorce:
Petition to enforce marital settlement agreement; unambiguous agreement to execute divorce consent; compelling the filing of a consent to divorce; public policy; fairness of enforcing only part of a property settlement agreement
(Rice041108g)
(Posted: April 16th 2008)
Divorce:
Equitable distribution; characterization of debt; loans given by employer in conjunction with bonus agreement; illusory nature of loan
(djb021208g)
(Posted: April 4th 2008)
Criminal:
Motion to dismiss; 1985 DUI arrest; dismissal and reversal by the Pa. Supreme Court; rule 600; failure to give notice of leaving jurisdiction; incarceration as notice to the Commonwealth of defendant's location; laches
(Morrison030608br)
(Posted: April 3rd 2008)
Yoder, Jolin, Null, Yoder vs. Jolin, Dauber, Hotchkiss, Lundy, Lewis, Null and Null
3.10.2008
William S. Kieser
Civil:
Preliminary objections; quiet title action; demurrer; facial meaning of quit claim deed
(Yoder031008K)
(Posted: April 3rd 2008)
Criminal:
Omnibus pretrial order; motion to suppress; vehicle search; plain view doctrine; probable cause
(Hines031808K)
(Posted: April 3rd 2008)
Criminal:
Appeal; lifetime registration; mandatory nature of registration requirement where defendant pleads to two sexual offense counts at the same time
(Brittain031708K)
(Posted: April 3rd 2008)
Criminal:
Appeal; rejection of plea agreement; discretion of the court; length of sentence; lack of treatment at the county prison; balancing needs of defendant with those of community
(Bortz031808K)
(Posted: April 3rd 2008)
Criminal:
Appeal; DUI; weight or sufficiency of evidence; suppression of video of stop; denial of jury trial request; petty crime
(Polk031808K)
(Posted: April 3rd 2008)
Civil:
Non-jury trial; trespass on property; deed description interpretation; location of right-of-way; ability to park vehicles on right-of-way; damages; attorney's fees
(Clinton032008br)
(Posted: April 3rd 2008)
Criminal:
Appeal; denial of jury instructions; DUI case; charge read as a whole; sitting in a car while intoxicated; operation of a vehicle; use of standard charge
(Hartzel033108g)
(Posted: April 3rd 2008)
Civil:
Motion for summary judgment of plaintiff; death due to roof blowing off building; fact question as to roof being attached to frame; jury question; motion in limine re res ipso loquitor; premature motion; spoliation of evidence argument; removal of the roof; failure to advise plaintiff counsel of location of debris; adverse inference charge
(Hall032808g)
(Posted: April 3rd 2008)
Criminal:
Appeal; criminal contempt for violating protection from abuse order; attempt to intimidate plaintiff so she would not testify at trial
(Ball040208g)
(Posted: April 3rd 2008)
Wills and Estates:
Petition to remove trustees, appoint a successor trustee and for contempt; proper administration of the trust; refusal to provide distributions; statutory standards; failure to make accounting; trustee's improper distributions to himself
(Heiser033108bt)
(Posted: April 3rd 2008)
Criminal:
Omnibus pre-trial motion; suppression; murder case; habeas corpus; prima facia case of homicide or conspiracy; suppression; vehicle leaving area where shotgun blasts originated; reasonable suspicion; probable cause to issue warrant; seizure of samples of hair and blood to identify foreign substances found on the defendant; withholding of co-defendant's exculpatory statement before preliminary hearing; prejudice
(echevarria032708)
(Posted: March 27th 2008)
Choice Fuelcorp, Inc. vs. Armstrong Township Zoning Hearing Board and Armstrong Township
3.24.2008
Dudley N. Anderson
Civil:
Zoning appeal; occupancy permit denial; nonconforming use; abuse of discretion or error of law; abandonment; burden of proving abandonment; intent to abandon use; expansion of nonconforming use; sufficiently similar use; nuisance, per se
(choicefuelcorp032408a)
(Posted: March 25th 2008)
Criminal:
Post Conviction Relief Act petition; ineffective counsel; unlawfully induced guilty plea; suppression issue; mootness of voluntariness of statement issue; knowing and voluntary guilty plea
(Scott032408bt)
(Posted: March 25th 2008)
Criminal:
Appeal
(Nixon031208bt)
(Posted: March 20th 2008)
Civil:
Motion for summary judgment; slip and fall case; duty; obvious danger
(Hayes031708g)
(Posted: March 20th 2008)
Support:
Exceptions to child support; children's horse-related activities; reasonable needs; economic reality of divorce
(Crissman031108g)
(Posted: March 13th 2008)
Civil:
Preliminary objections; wrongful discharge claim; at-will employee; nurse's alleged violation of HIPAA policy; public policy exception; claim of need to access private records to determine staffing needs; lack of regulatory duty to access private records
(Rearick031208g)
(Posted: March 13th 2008)
Support:
Exceptions to child support; earning capacity issues; income tax refund; deviation for payment of mortgage and rent; suspension of support obligation while unemployed
(warren031208a)
(Posted: March 13th 2008)
Divorce:
Exceptions to alimony pendente lite; computations
(hughes022608a)
(Posted: March 12th 2008)
Criminal:
Appeal; drug case; sufficiency and weight of the evidence; suppression of confession made while intoxicated; timeliness of motion
(Fisher020608K)
(Posted: March 11th 2008)
Criminal:
Appeal; sentencing discretion; standard range; drug dependency; excessiveness
(Jones021908K)
(Posted: March 11th 2008)
Criminal:
Motion for judgment of acquittal; sufficient evidence of DUI
(Scarfo022708br)
(Posted: March 6th 2008)
Criminal:
Motion for nominal bail; rule 600; excludable time
(Lyons020808br)
(Posted: March 6th 2008)
Civil:
Motion for summary judgment; question of which party failed to stop at a stop light; lack of expert report; evidence that plaintiff was late; failure of plaintiff to preserve "black box"; spoliation; adverse inference
(dyer120707a)
(Posted: February 25th 2008)
Civil:
Appeal; certificate of merit issue; alleged breach of contract for failure to design a system that performed properly
(dentalcare021508a)
(Posted: February 25th 2008)
Adoption:
Appeal; proof that appellant was perpetrator
(AH021508bt)
(Posted: February 25th 2008)
Adoption:
Appeal
(AH021508bt2)
(Posted: February 25th 2008)
Civil:
Motion to strike judgment; res judicata effect of district justice award when issues relitigated as counterclaim on appeal
(Kaufman010408br)
(Posted: February 12th 2008)
Muncy Hardwoods, Inc. vs. Dittmar, Worthy, Corl, Dittmar Forestry, Inc., Harker Cummings, Eplett and Harker
1.4.2008
Kenneth D. Brown
Civil:
Appeal; issues preserved without the filing of post-trial motions
(MuncyHardwood010408br)
(Posted: February 12th 2008)
Criminal:
Post conviction relief act petition; timeliness
(Johnson011408br)
(Posted: February 12th 2008)
Criminal:
Appeal; manifestly unreasonable sentence; negotiated sentence
(Richardson011408br)
(Posted: February 12th 2008)
Criminal:
Petition for habeas corpus; prima facie case; conspiracy to commit an assault; open possession by co-conspirator of gun; responsibility of conspirator for shooting by another; entrance into a property by deceit and with gun as evidence of a burglary; possession of gun proved by evidence of conspiracy and open possession of a gun by co-conspirator.
(Hickman12808K)
(Posted: February 12th 2008)
Brooks vs Texasgulf Minerals and Metals, Inc., Elf Forest Products, Inc., Elf Aquitaine, Inc. Total Petrochemicals USA, Inc.
1.25.2008
Dudley N. Anderson
Civil:
Motion for summary judgment; abandonment of mineral rights; need for written instrument; basis of motion
(brooks012508a)
(Posted: February 12th 2008)
Civil:
Appeal; sufficiency of evidence; weight of evidence; length of sentence in case involving possession of firearm without a license; prior criminal history
(dozier013008a)
(Posted: February 12th 2008)
Criminal:
Appeal
(Marshall020608br)
(Posted: February 12th 2008)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
