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:
Motion for summary judgment; installation of guard rail in area of bridge; real estate exception; lack of causation
(Berry080307br)
(Posted: September 5th 2007)
Steppe vs. Rajjoub, Lycoming Neurosurgical Associates, Georgy, Sander, Caring Families, Inc.
8.16.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; punitive damages; subjective appreciation of risk of harm
(Steppe081607br)
(Posted: September 5th 2007)
Wheels of Williamsport, Inc. vs. Myers Construction, Inc. and Stoltzfuss Builders and 84 Lumber
8.20.2007
Kenneth D. Brown
Civil:
Preliminary objections; specificity of claim for damages to property; economic loss doctrine; express warranty to third party
(Wheels082007br)
(Posted: September 5th 2007)
Steppe vs. Rajjoub, Lycoming Neurosurgical Associates, Georgy, Sander, Caring Families, Inc.
8.22.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; prescriptive authority of nurse; causation issue; superseding cause
(Steppe082207br)
(Posted: September 5th 2007)
Civil:
Motion to preclude affidavit; communication by lawyer with former constituent
(Colocino083007br)
(Posted: September 5th 2007)
Custody:
Petition for relocation; substantial improvement in lifestyle of mother and child
(Tallman082707g)
(Posted: August 28th 2007)
Steppe vs. Rajjoub, Lycoming Neurosurgical Associates, Georgy, Sander, Caring Families, Inc., Williamsport Hospital and Medical Center and Susquehanna Health System
10.4.2006
Kenneth D. Brown
Civil:
Motion to compel; discovery of every lawsuit involving a doctor; cases with similar allegations
(Steppe100406br)
(Posted: August 27th 2007)
Criminal:
Post conviction hearing act petition; "no merit" letter; ineffective counsel; failure to request recusal; judge's membership in fire company; adequacy of jury trial waiver colloquy
(Gray081707bt)
(Posted: August 27th 2007)
Civil:
Non-jury trial; partition action; enforcement of settlement stipulation; obligations of tenants in common of real estate
(Rebuck081707bt)
(Posted: August 27th 2007)
Criminal:
Appeal; drug case; sufficiency of evidence of delivery; weight of evidence; mandatory minimum sentence; possible remand for resentencing
(banks082307a)
(Posted: August 27th 2007)
Support:
Exceptions to support; assessment of earning capacity beyond amount received in Social Security Disability; need for evidence to support Wife's ability to work; adoption stipend
(Saar080107g)
(Posted: August 10th 2007)
Criminal:
PCRA petition to reinstate appellate rights; request to attorney to file an appeal that was disregarded
(Kinney080707g)
(Posted: August 10th 2007)
Criminal:
Petition for writ of habeas corpus; DUI case; charges of terroristic threats, resisting arrest and disorderly conduct; "braggadocio of an intoxicated bully"; aggressive assertions of physical force
(balas080707a)
(Posted: August 10th 2007)
Criminal:
Motion to suppress; drug case; probable cause to arrest; search of person; bench warrant later found to have been vacated
(tiller080107a)
(Posted: August 10th 2007)
Criminal:
Appeal
(williams062507a)
(Posted: August 1st 2007)
Criminal:
Appeal; drug case; Rule 600; tolling the 365 day period by pleading guilty; withdrawal of guilty plea starts Rule 600 period, anew: sufficiency of evidence; controlled buy of drugs
(Wheeling070907K)
(Posted: August 1st 2007)
David R. Webb Company, Inc., a division of Danzer Group vs. Central Pennsylvania Landscape Products, Inc.
7.10.2007
Kenneth D. Brown
Civil:
Preliminary objections; failure to follow order on previous objections; ability to answer
(webb07102007br)
(Posted: August 1st 2007)
Divorce:
Obligation to pay taxes on investment account distributed in property settlement; primary obligation with party receiving funds
(severson071007br)
(Posted: August 1st 2007)
Criminal:
Withdrawal of guilty plea; remand from Superior Court; substantial prejudice of Commonwealth; availability of witnesses
(Wheelock072507br)
(Posted: August 1st 2007)
Civil:
Preliminary objection; demurrer; defendant's right to prevail not clear; more specific complaint; use of exhibits to add specificity to the complaint; need to join spouses as necessary parties
(Lander071007br)
(Posted: July 31st 2007)
Civil:
Preliminary objections; contract obligations of a minor; failure to raise minority; damages for failure to sign lease
(GN071107br)
(Posted: July 31st 2007)
Administrative Appeal:
License suspension appeal; failure to submit to blood alcohol testing; capability of submitting to test; claimed post traumatic stress as a result of beating by South African police; video showing argumentative and bold behavior
(polk072007br)
(Posted: July 31st 2007)
Criminal:
Appeal; sentencing issue; prior record score; use of foreign juvenile record
(JohnsonT73007K)
(Posted: July 31st 2007)
Criminal:
Summary appeal; possessing or holding a specimen for another without a taxidermy permit; expired permit; statutory construction; sufficiency of evidence
(sampson071607a)
(Posted: July 30th 2007)
Divorce:
Exceptions to master's division of marital estate; lower allocation of assets to spouse with higher income and higher medical expenses due to disability
(Webster071707g)
(Posted: July 30th 2007)
Civil:
Appeal; motion for summary judgment; premises liability; duty to protect from known and obvious condition; duty to remain attentive; choice of ways
(Hoffman072607bt)
(Posted: July 30th 2007)
Criminal:
Appeal; testimony of sexual assault nurse amounting to medical diagnosis; weight of evidence; consistency of verdict when acquitting of rape and convicting of indecent assault
(Jennings072607bt)
(Posted: July 30th 2007)
Criminal:
Motion for reconsideration of sentence; carrying a firearm without a license; grading; 'any other criminal violation'
(Welton072607g)
(Posted: July 30th 2007)
Custody:
Custody relocation petition; mother's move to Florida; Gruber factors; best interests of the children; desires of the children; advancement of mother's own interests; detrimental effect on father's relationship with children
(hepburn070607a)
(Posted: July 25th 2007)
Civil:
Non-jury trial; breach of contract and misrepresentation claim; real estate transaction; personal liability of corporate officer; return of deposit; lack of intentional misrepresentation
(Foster070207bt)
(Posted: July 25th 2007)
Adoption:
Appeal; timeliness
(AH052407br)
(Posted: July 10th 2007)
Criminal:
Appeal; revocation of probation; failure to report to probation officer; imposition of total confinement; vindication of the authority of the court; sentencing factors
(Morton060507br)
(Posted: July 10th 2007)
Civil:
Appeal that lacks requirements to comply with any appeal from any decision magisterial district or common pleas court decision; requirements of stay; landlord tenant case
(Wyland061407br)
(Posted: July 10th 2007)
Civil:
Appeal; elements of fraudulent misrepresentation claim; reasonableness of reliance upon representation of another; lien priority
(Sovereign062707br)
(Posted: July 10th 2007)
Civil:
Appeal
(Dental062707br)
(Posted: July 10th 2007)
Civil:
Non-jury trial; quiet title action; conversion of lumber; doctrine of Consentable Boundaries; consent of the parties to a barbed wire fence as a boundary
(Richards070307bt)
(Posted: July 10th 2007)
Civil:
Petition to strike and open judgment of non pros; failure to file a certificate of merit; professional engineering services; storm water management system; applicability of Pa. R.C.P. 1042.1, to architectural and engineering firms; effect of having provided an expert report.
(dental033007br)
(Posted: July 10th 2007)
Criminal:
Appeal; sentence as cruel and unusual punishment; evidence of tampering with evidence
(yasipour070507a)
(Posted: July 5th 2007)
Criminal:
Motion to suppress; lack of probable cause to arrest; suspected drug transaction; reasonable suspicion for investigative detention
(Williamson053007K)
(Posted: July 3rd 2007)
Criminal:
Motion to suppress - Habeas Corpus petition; illegal search; probable cause to arrest; prima facie case of drug offenses
(Johnson053107K)
(Posted: July 3rd 2007)
Criminal:
Post conviction relief act petition; timeliness; lack of exception to 1 year time limit
(Nicholas060407K)
(Posted: July 3rd 2007)
Criminal:
Application for expungement of summary conviction; failure to meet Crimes Code requirements; inaccurate criminal record; recourse of challenging accuracy of criminal history
(Zell061107K)
(Posted: July 3rd 2007)
Criminal:
Motion to suppress identification; bank robbery; suggestive identification procedure; failure to identify from photo array; issue for finder of fact
(Gant062107K2)
(Posted: July 3rd 2007)
Criminal:
Appeal; suppression; probable cause to arrest
(Chambers 062207K)
(Posted: July 3rd 2007)
Support:
Exceptions to award of federal income tax exemptions for children; most beneficial award; consideration of household income; support calculation
(clouser070207a)
(Posted: July 3rd 2007)
Support:
Exceptions to support; termination for poor performance; mitigation of lost income; refusal to reduce support obligation
(edler062707a)
(Posted: July 1st 2007)
Support:
Exceptions to spouse support; extramarital affair; spouse condoning the affair; misconduct including drinking to excess and belligerence
(edkin062707a)
(Posted: July 1st 2007)
Civil:
Petition for return of seized gun and expungement; consent to inpatient mental health evaluation and treatment after involuntary commitment; time limits; intoxication; legality of commitment
(TNL062507bt)
(Posted: June 26th 2007)
Criminal:
Post conviction relief act petition; ineffective counsel; keeping apprised of options
(Harrold061407bt)
(Posted: June 20th 2007)
Criminal:
Appeal; plea agreement; written plea colloquy; verbal agreement
(andrus060807a)
(Posted: June 13th 2007)
Criminal:
Motion to determine competency; burden on defendant; vascular dementia; ability to assist in defense
(lewis060507a)
(Posted: June 13th 2007)
Criminal:
Appeal; revocation of probation; factors to be considered in imposing incarceration; deliberate violations
(McDaniels052507g)
(Posted: June 7th 2007)
Criminal:
Motion for post conviction collateral relief; ineffective counsel; failure to appeal; fairness of revocation of probation/parole for violation (hot urine); history of violations; lack of merit of issue.
(raymond052407a)
(Posted: June 7th 2007)
Criminal:
Motion in limine; admissibility of testimony of psychologist that victim suffers from Münchhausen Syndrome; expert assessment of truthfulness of class of people
(smith060707a)
(Posted: June 7th 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
4.10.2007
Kenneth D. Brown
Civil:
Motion in limine; qualifications of expert; liberal standard; training and experience as factors
(Cervinsky041007br)
(Posted: May 23rd 2007)
Civil:
Petition for preliminary injunction/zoning appeal; verbal preliminary objections; jurisdiction; exhaustion of remedies; notice of permit approval
(Daye042707br)
(Posted: May 23rd 2007)
Criminal:
Appeal; ineffective counsel; admissibility of statement; waiver by failure to object; conspiracy; weight of evidence
(Watkins50207K)
(Posted: May 23rd 2007)
Criminal:
Commonwealth appeal; suppression issue
(Hayes050207K)
(Posted: May 23rd 2007)
Criminal:
Appeal; new trial should be granted; reference to witness passing a polygraph test; curative instruction; weight of the evidence
(Williams050207K)
(Posted: May 23rd 2007)
Adoption:
Involuntary termination of parental rights; adoption; failure to fulfill parental obligations
(GS0426707bt)
(Posted: May 23rd 2007)
Civil:
Petition to strike or open default judgment; attributing answer of one defendant to another; non-compliance with rule to open default judgment; meritorious defense; remedy after execution and sheriff's sale
(Teasely050407br)
(Posted: May 23rd 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
5.2.2007
Kenneth D. Brown
Civil:
Motion for bifurcation; lack of benefit due to existence of clearly liable defendant
(Cervinsky050207br)
(Posted: May 23rd 2007)
Criminal:
Motion to withdraw guilty plea; claim of innocence; minimal acknowledgment of factual basis for plea; inconsistent or incomplete advice by several attorneys; liberally allowed withdrawal
(Monroe050907K)
(Posted: May 23rd 2007)
Divorce:
Petition to enforce or order or for contempt; division of personal property; missing items; lack of fault or wrongful conduct
(Bair051707br)
(Posted: May 23rd 2007)
Adoption:
Appeal; dependency proceeding; brain injury; non-accidental trauma; lack of cooperation of parents in the investigation
(AH051707br)
(Posted: May 23rd 2007)
Laurel Hill Wind Energy, LLC vs. Lycoming County Zoning Hearing Board, and Lycoming County Planning Commission, and Arthur Plaxton
5.22.2007
Nancy L. Butts
Administrative Appeal:
Appeal of denial of special exception; wind energy project; standard of review; expansive interpretation of zoning ordinances; showing of high probability of adverse impact; plan for mitigation
(laurel052207bt)
(Posted: May 22nd 2007)
Criminal:
Motion for dismissal; Rule 600; due diligence; court congestion; availability of defense counsel
(mitsdarfer051407a)
(Posted: May 14th 2007)
Criminal:
Remanded case; requiring victim to undergo psychiatric/psychological examination; questioning of the witness by the judge; competency of witness
(smith051407a)
(Posted: May 14th 2007)
Criminal:
Post sentence motion; sufficiency of evidence; weight of the evidence; suppression; constructive passion of drugs found in police car after arrest
(Chambers042707bt)
(Posted: May 13th 2007)
Criminal:
Motion for post conviction collateral relief; ineffective counsel; recalling damaging witness; weight of evidence issue; charging multiple murder offenses which are not mutually exclusive
(williams050907a)
(Posted: May 13th 2007)
Civil:
Preliminary objections; specificity
(Lycoming040307br)
(Posted: April 27th 2007)
Civil:
Preliminary objections; no requirement to attach act 160 notice to complaint
(Susquehanna040307b)
(Posted: April 27th 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
4.10.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; road rage case; burden of proof in crashworthiness case; sufficiently of expert report
(Cervinsky041007br3)
(Posted: April 27th 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
4.10.2007
Kenneth D. Brown
Civil:
Punitive damages; choice of law; outrageous conduct
(Cervinsky041007br1)
(Posted: April 27th 2007)
Civil:
Motion for summary judgment; Dead Man's Act; admissibility of statements at scene; evidence of negligence
(Lichterv041007br)
(Posted: April 27th 2007)
Criminal:
Appeal; jury charge on offense not charged; solicitation to commit aggravated indecent assault; amendment would have been permitted; effective counsel; notice of the offense
(Kissinger41307K)
(Posted: April 27th 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
4.11.2007
Kenneth D. Brown
Civil:
Motion for view of damaged vehicle; use of testimony during view
(Cervinsky041007br2)
(Posted: April 27th 2007)
Criminal:
Appeal; consolidation of 3 robbery cases; pre-trial identifications; questions about double-blind photo array; time to raise effectiveness of counsel issues
(Johnson042307K)
(Posted: April 27th 2007)
Criminal:
Appeal; revocation of probation; violation of probation by leaving the state
(Boruch042407K)
(Posted: April 27th 2007)
Criminal:
Preliminary objections; specificity of allegations relating to a fall; verification by attorney
(Barnes042307bt)
(Posted: April 26th 2007)
Civil:
Petition to enforce arbitration order; need for county to perform legislative enactment; interest awarded
(021507naus)
(Posted: April 19th 2007)
Criminal:
Appeal; Rule 1925 statement; waiver of issues
(Mirabella041807g)
(Posted: April 19th 2007)
Criminal:
Appeal; sufficiency of the evidence; drug case
(drayton041707a)
(Posted: April 19th 2007)
Administrative Appeal:
Appeal; board of viewers decision; incorrectly docketed appeal; failure to correct after notice
(Horner041007bt)
(Posted: April 14th 2007)
Criminal:
Motion to suppress; reasonable suspicion to stop vehicle; observation of suspicious activity; failure to stop at stop signs
(bean040207a)
(Posted: April 4th 2007)
Wagner vs. Emmanuel Baptist Church, Emmanuel Baptist Church & Christian School; Williamsport Christian School, Bixler, Bixler, Bixler, Bixler & Dowdy
3.2.2007
Kenneth D. Brown
Civil:
Summary denial of motion for reconsideration; late joinder of additional defendants
(wagner030207br)
(Posted: April 2nd 2007)
Civil:
Defamation case; preliminary objection raising privilege; requirement of pleading in new matter; capable of defamatory meaning
(Colocino030707br2)
(Posted: April 2nd 2007)
Criminal:
Appeal; sentencing issue; discretion of court; conformity with plea agreement
(Messerly31707K)
(Posted: April 2nd 2007)
Criminal:
Motion to suppress; tainted consent to search vehicle; illegal detention
(Hayes31407K)
(Posted: April 2nd 2007)
David R. Webb Company, Inc., a division of Danzer Group vs. Central Pennsylvania Landscape Products, Inc.
3.20.2007
Kenneth D. Brown
Civil:
Preliminary objections to answer, new matter and counterclaim; information obtainable in discovery; separate counts; pleading details of damage claims
(Webb032007br)
(Posted: April 2nd 2007)
Adoption:
Dependency hearing; physical abuse of child; child removed from parents
(ah031907br)
(Posted: April 2nd 2007)
Civil:
Motion to disqualify counsel; contact with attorney; prospective client information
(Colocino030707br)
(Posted: April 2nd 2007)
Criminal:
Appeal; probable cause for arrest
(Clark32607K)
(Posted: April 2nd 2007)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to confront witness with evidence, that could not be produced; testimony concerning video taped transactions; failure to object to testimony that was admissible
(Stafford032607br)
(Posted: April 2nd 2007)
Civil:
Motion in limine; testimony of speed; jury issue
(HAFER032607br)
(Posted: April 2nd 2007)
Criminal:
Motion for permission to supplement rule 1925 statement; good cause; substitution of new lawyer for trial counsel
(yasipour032707a)
(Posted: April 2nd 2007)
Criminal:
Appeal; murder case; requested points for charge; evidence of voluntary manslaughter; inflammatory photographs; presumption of malice; expert testimony of possibility of malfunctioning gun; refusal of individual voir dire; weight and sufficiency of evidence
(McCloskey031207bt)
(Posted: March 28th 2007)
Custody:
Appeal; petition for primary physical custody; parent with bouts of mental illness and drug abuse; parent with stabile home situation; best interest of the child
(Holloway030907g)
(Posted: March 27th 2007)
Criminal:
Motion to suppress; DUI case; jurisdiction of police; probable cause to stop beyond sobriety check point
(hufnagle031407a)
(Posted: March 19th 2007)
Criminal:
Motion to dismiss; violation Rule 600; unknown whereabouts; due diligence; use of an alias
(king031207a)
(Posted: March 15th 2007)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
