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