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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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)
Criminal:
Post conviction relief act petition; jurisdiction of court; timeliness
(Thompson021108bt)
(Posted: February 12th 2008)
Criminal:
Appeal; taxidermy licensing issue; hearsay; jurisdiction of conservation officer to make arrest; circumstantial evidence; possession of specimens without taxidermy permit
(sampson010908a)
(Posted: January 27th 2008)
Criminal:
Appeal; drug and firearm case; sufficiency and weight of evidence; constructive possession; link between defendant and stored gun
(Wilson012208g)
(Posted: January 27th 2008)
Criminal:
Motion to dismiss/petition for habeas corpus; harassment; prima facie case; failure to produce evidence connecting calls to defendant
(Snyder012508bt)
(Posted: January 27th 2008)
Criminal:
Appeal
(dincher012308a)
(Posted: January 27th 2008)
Civil:
Appeal; preliminary objections; duty to separately advise a policyholder of the extent of his coverage
(muckelmann012308a)
(Posted: January 27th 2008)
Criminal:
Appeal; motion in limine; prior bad acts in the nature of prior uncharged drug deliveries; establishment of a prior relationship; the weight of the evidence; credibility of witnesses; sufficiency of evidence of intent to deliver
(Quartman012508g)
(Posted: January 27th 2008)
Civil:
Appeal; property forfeiture; petition to open judgment; lack of evidence supporting a meritorious defense; failure to meet burden of proof to show legitimate explanation for cash found in close proximity of drug transaction; need for a successful prosecution
(Mabry120407K)
(Posted: January 8th 2008)
Criminal:
Appeal; violation of intermediate punishment sentence conditions; revocation of probation; reconsideration motion; sufficiency of evidence of violation; sentencing discretion
(King120307K)
(Posted: January 8th 2008)
Criminal:
Amended post conviction relief act petition; timeliness; sua sponte reconsideration of denial; allegation that deafness affected ability to understand sentence
(Sander121407K)
(Posted: January 8th 2008)
Criminal:
Motion to suppress evidence; reasonable suspicion for vehicle stop; backing on an empty public street without incident
(Steppe121907K)
(Posted: January 8th 2008)
Criminal:
Motion to suppress evidence; drug case; voluntariness of waiver of Miranda rights; emotional condition of defendant; inducement and coercion; equivocation; totality of circumstances
(Parks121407K)
(Posted: January 8th 2008)
Criminal:
Appeal; manifestly unreasonable sentence; consideration of lack of remorse and understanding toward the seriousness of the crime, and likelihood of committing further harm to himself or the community; need for psychological evaluation
(Russitano121807K)
(Posted: January 8th 2008)
Criminal:
Appeal; non-jury trial; competence of trial counsel; appropriateness of questioning of witnesses; failure to call witnesses; admissibility of taped statements of defendant; admissibility of police officer testimony
(Williams122707K)
(Posted: January 8th 2008)
Civil:
Motions for summary judgment; adult book store case; constitutional rights; permit and license issues; burden of proof to justify a restriction on 1st Amendment rights; estoppel by opening business without requesting permit; appropriateness of time limits in zoning ordinance; vagueness
(Whynon123107K)
(Posted: January 8th 2008)
Criminal:
Motion to suppress; shotgun blasts as reasonable suspicion to stop vehicle; abandonment of shotgun; initial refusal to waive Miranda rights followed by waiver; clarification of mixed signals
(Durrant010708)
(Posted: January 8th 2008)
Civil:
Petition to open judgment; late appeal of district justice award; appeal delay caused by emotional difficulties; lack of fraud, coercion, deception or duress
(feist010808a)
(Posted: January 8th 2008)
Criminal:
Post Conviction Relief Act petition; timeliness
(Prince010708br)
(Posted: January 8th 2008)
Pennsylvania College of Technology vs. Williamsport Zoning Hearing Board vs. Williamsport and Huffman
12.31.2007
Kenneth D. Brown
Administrative Appeal:
Zoning appeal; location of wall of trash enclosure; timeliness of appeal
(PennCollege123107br)
(Posted: January 7th 2008)
Civil:
Non-jury trial; possession of real estate; specific performance, estoppel and unjust enrichment claim; oral contract for sale of real estate; statute of frauds
(Lefever010408bt)
(Posted: January 7th 2008)
Divorce:
Petition to enforce property settlement agreement; payment of credit card bills; resolution of credibility issue on which party incurred the bills; attorney fees awarded
(ds121407br)
(Posted: January 4th 2008)
Civil:
Petition to set aside writ and levy; excessiveness of levy; distribution of excess proceeds of sale
(kaufman121907br)
(Posted: January 4th 2008)
Civil:
Petition to strike judgment, set aside levy and stay sheriff's sale; separate judgments on same facts; counterclaim as opening or appealing district justice judgment
(Costagliola121907br)
(Posted: January 4th 2008)
Criminal:
Petition for habeas corpus; conspiracy to offer minor for sex in return for drugs; prima facie showing; element of forcible compulsion; self determination by the minor
(ks122107K)
(Posted: January 2nd 2008)
Civil:
Non-jury trial; landlord tenant case; implied warranty of habitability; Unfair Trade Practice and Consumer Protection Law; leaking roof and mold growth; attorney fees
(lindsay122407bt)
(Posted: December 24th 2007)
Support:
Appeal; request for forgiveness of support obligation to follow religious call; constitutional issues
(white122407bt)
(Posted: December 24th 2007)
Criminal:
Appeal; post conviction relief act petition; ineffective counsel; claimed failure to communicate plea offer; offer discussed in open court
(ritter122407bt)
(Posted: December 24th 2007)
Criminal:
Motion for new trial; failure to appear at trial; claimed medical reasons for non-appearance; failure to produce medical records
(taylor122407bt)
(Posted: December 24th 2007)
Civil:
Non-jury trial; landlord & tenant case; Implied warranty of habitability; credibility; tenant's failure to heat and clean animal waste; lease requirement of requesting repairs in writing
(cef121707bt)
(Posted: December 17th 2007)
Adoption:
Involuntary termination of parental rights; non-accidental injury; needs and welfare of child; failure of parents to perform duties; detrimental emotional effects on child
(A.H.121707bt)
(Posted: December 17th 2007)
Civil:
Appeal; preliminary objections; failure to timely file an amended complaint
(cline121707bt)
(Posted: December 17th 2007)
Adoption:
Dependency of children affirmed; poor home conditions; unstable work history and frequent moves; lack of candor with the agency
(w121407s)
(Posted: December 14th 2007)
Adoption:
Involuntary termination of parental rights; lack of concern for or contact with child; failure of incarcerated parent to use the resources provided to him to form a relationship with the child; focus on the conduct of the parent; needs and welfare of the child
(I.M.121407bt)
(Posted: December 14th 2007)
Civil:
Preliminary objections; attorney fees and punitive damages
(Confair121307br)
(Posted: December 13th 2007)
Divorce:
Motion for bifurcation of divorce; desire to remarry; economic unfairness to current spouse; health insurance issue
(Zeidler121207br)
(Posted: December 12th 2007)
Criminal:
Appeal; Robbery case; sufficiency of the evidence; weight of the evidence; propriety of applying the deadly weapon enhancement for robbery
(McClam121207br)
(Posted: December 12th 2007)
Civil:
Injunction action; permanent injunction request; right-of-way access; easement by implication theory; easement by prescription theory; defeat by continuation into woodland; existence of express easement
(Barnard121107bt)
(Posted: December 11th 2007)
Civil:
Motion for summary judgment; slip and fall; duty to remove snow and apply salt
(Eleazer121107br)
(Posted: December 11th 2007)
Wills and Estates:
Petition of beneficiary to terminate trust; necessity to achieve material purpose of trust; spendthrift provision; removal of trustees
(heiser120707)
(Posted: December 7th 2007)
Criminal:
Omnibus pre-trial motion; suppression, petition for writ of habeas corpus; valid consent to search; warrantless search without consent due to exigent circumstances; circumstantial evidence that gun was loaded at one time when ammunition magazine was found hidden close to the gun
(ellison120607a)
(Posted: December 6th 2007)
Criminal:
Motion to suppress; probable cause to detain due to suspicion of committing a crime; gun observed during pat down
(noel113007a)
(Posted: December 5th 2007)
Civil:
Appeal; summary judgment motion; agreement to convey property as gift; consideration; privity; parol evidence rule; pleading requirements; striking contract from Recorder's records without hearing
(rearick120307bt)
(Posted: December 5th 2007)
Civil:
Appeal; contract dispute; dismissal of complaint on preliminary objections; issues raised by the court sua sponte; demurrer; subject matter jurisdiction; failure to exhaust administrative remedies; failure to join municipal entities as indispensable parties.
(daye120407bt)
(Posted: December 5th 2007)
Criminal:
Omnibus pre-trial motion; vehicle stop because of concern it was involved with burglary; incidental Vehicle Code violation; suppression of evidence of use of marijuana.
(dincher120407a)
(Posted: December 5th 2007)
Civil, Wills and Estates:
Petition for Distribution in Kind of Real Property; failure to vacate property; ejectment; failure to properly perform obligations of executor
(hessert120507bt)
(Posted: December 5th 2007)
Civil:
Motion for summary judgment; trip and fall case; choice of ways; obvious and known danger; anticipating harm
(Moore120407br)
(Posted: December 4th 2007)
Criminal:
Appeal; sex crimes; sufficiency of the verdict; weight of the evidence; uncorroborated testimony of victim; legality of order to pay counseling costs as restitution where no amount is stated
(dp120307br)
(Posted: December 3rd 2007)
Civil:
Motion for summary judgment; res ipso loquitor; retained sponge case; case for jury
(Hosterman120307br)
(Posted: December 3rd 2007)
Civil:
Preliminary objection; pendency of a prior action
(Gordon120307br)
(Posted: December 3rd 2007)
Wills and Estates:
Estate administration issue; administratrix's distribution of assets of the estate to herself and husband; claim of half-sister; DNA testing; constructive trust imposed on joint assets; repayment order
(Amoroso113007br)
(Posted: November 30th 2007)
Criminal:
Appeal; murder case; sufficiency of evidence; identification issues; recantation of testimony by witness; alibi; weight of the evidence; admission of grand jury testimony to contradict witness; allowing witness to consult wife during testimony; police officer's testimony about witness's fears of repercussion; judicial comments warranting mistrial
(ball112907a)
(Posted: November 29th 2007)
Criminal:
Motion for Post-Conviction Relief; knowing and voluntary plea; ineffective counsel; incorrect advice given by attorney; request to speak to another attorney denied
(belle112907a)
(Posted: November 29th 2007)
Civil:
Motion for summary judgment; factual dispute as to calculation of damages
(Colocino112807br)
(Posted: November 28th 2007)
Regscan, Inc. vs. Miller, Drinker Biddle & Reath LLP and Citation Publishing, Inc.
11.28.2007
Nancy L. Butts
Civil:
Appeal; motion for judgment on the pleadings; Dragonetti Act case; probable cause to initiate suit
(regscan112807bt)
(Posted: November 28th 2007)
Administrative Appeal:
Appeal; points not properly before the court on appeal; points previously addressed by the court
(Montoursville112807K)
(Posted: November 28th 2007)
Muncy Hardwoods, Inc. vs. Dittmar, Worthy, Corl, Dittmar Forestry, Inc., Harker Cummings, Eplett and Harker
11.28.2007
Kenneth D. Brown
Civil:
Non-jury trial; property sold subject to timbering agreement; guarantee of title to timber; credibility issues; calculating damages; award of attorney fees
(MuncyHarwoods112807br)
(Posted: November 28th 2007)
Steinbacher Enterprises, Inc. vs. Mahonsky and Mountainside Log Homes, Inc.
11.28.2007
Kenneth D. Brown
Civil:
Preliminary objections; timeliness; allegation of oral contract must be accepted as true under standard applicable to preliminary objections
(Steinbacher112807br)
(Posted: November 28th 2007)
Criminal:
Motion to suppress; drug case; traffic stop; reasonable suspicion; traffic violations; tip concerning drug use in the vehicle
(amos112607a)
(Posted: November 26th 2007)
Civil:
Preliminary objections to counterclaim; attorney fee provision of lease
(Johnson112007br)
(Posted: November 20th 2007)
Civil:
Post trial motions; slip and fall case; responsibility of tenant to remove snow; contributory negligence; adequacy of verdict of $10,000 for fractured vertebrae
(Karstetter116607br)
(Posted: November 16th 2007)
Civil:
Motion for post trial relief; amending order with typographical error
(Conklin111507br1)
(Posted: November 15th 2007)
Civil:
Motion for post trial relief; failure to meet burden of proof on interest issue; attorney fee claim
(Conklin111507br2)
(Posted: November 15th 2007)
Criminal:
Appeal; revocation of probation
(Boruch110507K)
(Posted: November 5th 2007)
Criminal:
Appeal; excessive sentence; history of supervision violations of a serious nature; standard range
(Cajka101807K)
(Posted: November 2nd 2007)
Criminal:
Motion to quash; prima facie case; theft and firearm charges; constructive possession; gun located in bedroom of sleeping defendant
(West103107K)
(Posted: November 2nd 2007)
Support:
Exceptions to child support; credit for overpaid child care expenses; retroactive modification; no request for credit; use of yearly tax return to assess income
(Bower102907g)
(Posted: October 29th 2007)
Civil:
Non-jury trial; easement issue; extinguishing easement for certain uses only
(Conklin102607br)
(Posted: October 26th 2007)
Criminal:
Motion to suppress; robbery case; impact of age and claimed lack of intelligence and drug use on voluntariness of confession; familiarity with juvenile system
(hall102207a)
(Posted: October 20th 2007)
Criminal:
Motion to modify sentence; summary Vehicle Code violations; restitution; limited to victim; recovery by insurance company
(cressman101807a)
(Posted: October 18th 2007)
Criminal:
Petition for habeas corpus; manslaughter case involving furnishing alcohol to minors; starting the chain of causation that leads to death; endangering welfare of children requiring course of conduct, not just an isolated incident
(griffith101507a)
(Posted: October 15th 2007)
Civil:
Motion for summary judgment; factual issues; interpretation of easements; timeliness of amended motion for summary judgment
(Conklin101107br)
(Posted: October 11th 2007)
Criminal:
Motion to suppress; probable cause to search computer based on observations of a third person and descriptive file folders
(falvo101007a)
(Posted: October 10th 2007)
Support:
Exceptions to child support; issues relating to relocation to Florida; income computation; consideration of tax refund; losses related to hobby farm
(hepburn100307a)
(Posted: October 9th 2007)
Support:
Exceptions to support; calculation of income; tax considerations
(swank100307a)
(Posted: October 9th 2007)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: October 8th 2007)
Criminal:
Motion to suppress evidence; consent of spouse to search; mere acquiescence
(Fausey100407br)
(Posted: October 4th 2007)
Adoption:
Appeal; dependency determination; medical neglect; special needs of children
(AB100307br)
(Posted: October 3rd 2007)
Civil:
Preliminary objections; factual issue related to the attachment of the correct contract; subcontractors as necessary and indispensable parties; joinder of subcontractors as additional defendants
(Fausnaught083007br)
(Posted: October 2nd 2007)
Criminal:
Petition for habeas corpus; prima facie case; de minimis incident; false identification to police; providing only partial name
(Edwards90607K)
(Posted: October 2nd 2007)
Administrative Appeal:
Appeal
(Polk090507br)
(Posted: October 2nd 2007)
Civil:
Petition to open or strike confessed judgment; honoring unauthorized checks; payment of bridge loan; unliquidated counterclaim or set-off as ground for opening confessed judgment
(Sovereign090507br)
(Posted: October 2nd 2007)
Wolyniec and Allenwood Equipment vs. Wolyniec and Wolyniec Construction, Inc.
9.11.2007
Kenneth D. Brown
Civil:
Non-jury trial; credibility determinations; distribution of life insurance policies
(Wolyniec091107br)
(Posted: October 2nd 2007)
Criminal:
Petition for writ of habeas corpus; terroristic threats; threat to kill; telephone call; not the threat of a serious assassin
(engel091107a)
(Posted: October 2nd 2007)
Civil:
Non-jury trial; value of non-prime home-site
(Mayo092507br)
(Posted: October 2nd 2007)
Administrative Appeal:
Petition for review of grievance arbitrator's award; standard of review; scope of arbitrator's authority; irregularities in arbitration proceedings
(Montoursville92607K)
(Posted: October 2nd 2007)
Criminal:
Post conviction hearing act petition; after discovered evidence; effective counsel at trial; credibility of uncalled witness
(McCloskey092807br)
(Posted: September 28th 2007)
Criminal:
Motion to dismiss; drug case; rule 600; congestion in the court calendar
(diefenderfer080607a)
(Posted: September 26th 2007)
Criminal:
Motion to suppress; DUI; reasonable suspicion to stop vehicle; observations of violation of one or more sections of the Vehicle Code
(segraves092407a)
(Posted: September 26th 2007)
Criminal:
Appeal; ineffective PCRA counsel; corresponding with the defendant about the petition; failure to amend the petition
(Harrold092107bt)
(Posted: September 26th 2007)
Civil:
Motion in limine; deferred ruling on preliminary objections; failure to file amended complaint; vague and broad allegations of negligence; failure to plead cause of action
(Cline090607bt)
(Posted: September 19th 2007)
Criminal:
Motion in limine; DUI; video of accident scene and field sobriety tests; prejudice; Miranda warnings; non-testimonial
(polk090707a)
(Posted: September 19th 2007)
Criminal:
Motion to suppress; DUI; failure to signal turn; reasonable suspicion to stop; momentary and minor lapse
(frantz091307a)
(Posted: September 19th 2007)
Criminal:
Appeal; mandatory minimum sentence; sufficiency of evidence to enhance sentence; drug case; distance from school zone
(Cook091707bt)
(Posted: September 19th 2007)
Criminal:
Petition for habeas corpus; false identification to police; subject of official investigation; passenger in vehicle being investigated for traffic offense
(summers090607a)
(Posted: September 12th 2007)
Criminal:
Motion to suppress identification; unduly suggestive; substantial likelihood of misidentification
(fogel090707a)
(Posted: September 12th 2007)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: September 6th 2007)
Civil:
Motion for special equitable relief; foreclosure action and sheriff's sale; bankruptcy and relief from automatic stay; notice of continued sale; timeliness of motion to overturn sheriff's sale
(SusqBank072707br)
(Posted: September 5th 2007)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
