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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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)
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)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
