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.
search. Search opinion text using Google's search engine:
Key Word Search. Enter key words or information about an opinion, using the form below:
Criminal:
Motion to suppress; investigatory detention or mere encounter; detention supported by reasonable suspicion
(justice022807a)
(Posted: March 5th 2007)
Criminal:
Appeal; post conviction relief act petition; credit for time served; waiver; duplicate credit
(Morton020707br)
(Posted: March 2nd 2007)
Criminal:
Appeal; DUI case; violation of intermediate punishment sentence; use of alcohol; revocation of intermediate punishment sentence; failure to advise of right to appeal; prejudice
(Lyons022007K)
(Posted: March 2nd 2007)
Adoption:
Motion for reconsideration; involuntary termination of parental rights; test for application of collateral estoppel; Kiesewetter case; application of 4 factors
(EHJH022007K)
(Posted: March 2nd 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
2.22.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; road rage case; alleged negligent design of performance brake pedals; lack of evidence of malfunction; lack of evidence of alternative design
(Cervinsky022207br)
(Posted: March 2nd 2007)
Criminal:
Appeal; motion to preclude use of polygraph as part of sexual offender counseling; sentencing ordered cooperation with counseling program; therapeutic use to rehabilitate offender and protect the public; constitutional rights; testing allowed
(Shrawder022207br)
(Posted: March 2nd 2007)
Civil:
Petition for leave to file post trial motions nunc pro tunc; jurisdiction of court in light of appeal; lack of good reason for late filing
(Sovereign022607br)
(Posted: March 2nd 2007)
Criminal:
Post conviction relief act petition; jurisdiction; timeliness
(Prince022607br)
(Posted: March 2nd 2007)
Mitchell & Ball vs. Lycoming County Jury Commissioners & Lycoming County Court Administrator
2.28.2007
William S. Kieser
Criminal:
Petition for writ of mandamus/prohibition; preliminary objections; subject matter jurisdiction; demurrer; alleged under representation of minorities on jury panels; use of welfare rolls; Welfare Department as indispensable party; compelling return of jury questionnaires; lack of statutory duty; discretionary authority; constitutional claims; prima facie case
(Mitchell-Ball030107K)
(Posted: March 2nd 2007)
Criminal:
Motion to suppress; drug case; probable cause to stop vehicle; failing to stop or signal before turning from parking lot to road; definition of roadway
(blackwell021507a)
(Posted: February 16th 2007)
Administrative Appeal:
Appeal; historical significance of structure in the historical district; standard of review
(Ecker020807bt)
(Posted: February 14th 2007)
Criminal:
Motion to dismiss; Rule 600 violation; due diligence in locating and returning incarcerated defendant for trial
(smith021207a)
(Posted: February 14th 2007)
Criminal:
Appeal; violation of probation; reimposition of sentence; drug addiction and previous failure in treatment programs as reasons to incarcerate
(Fisher020907bt)
(Posted: February 14th 2007)
Divorce:
Appeal
(Tasselli013107k)
(Posted: February 12th 2007)
Civil:
Appeal; denial of protection from abuse order; credibility of witnesses; plaintiff as aggressor; alcohol abuse by plaintiff
(Duck020907g)
(Posted: February 12th 2007)
Criminal:
Motion to suppress and for writ of habeas corpus; drug case; vehicle stop; reasonable suspicion; excessive speed; probable cause to arrest; suspicious behavior and attempts to leave the scene; admission of defendant to having drugs in the vehicle; consent of owner to search
(smith020707a)
(Posted: February 12th 2007)
Criminal:
Motions to suppress, to dismiss and for severance; waiver of preliminary hearing; warrantless search; consent to search home by resident; threats by police; voluntariness of consent
(collins020607a)
(Posted: February 12th 2007)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: February 9th 2007)
Support, Divorce:
Exceptions to master's report; ability to maintain gainful employment; impact of surveillance tapes; effect of choice of medicine on ability to work
(Gordner013107bt)
(Posted: February 7th 2007)
Divorce:
Exceptions to alimony award; earning capacity; consideration of length of time away from profession; potential inheritance; duration of alimony award in light of equitable distribution
(chiao020207a)
(Posted: February 7th 2007)
Criminal:
Appeal; sufficiency of evidence; theft; availability of witness serving in the military; sentencing habitual offender who showed no remorse
(Confer013007g)
(Posted: February 1st 2007)
Cervinsky vs Hobensack, Getz, General Motors, The Pep Boys - Manny Moe & Jack, Rally Manufacturing, Inc.
1.2.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; road rage case; negligence of driver in failing to yield to driver entering highway on ramp; duty
(Cervinsky010207br)
(Posted: January 30th 2007)
Civil:
Emergency motion to stay writ of execution; equitable subrogation; fraud; priority of liens
(Sovereign011107br)
(Posted: January 30th 2007)
Criminal:
Appeal
(McCluskey011607br)
(Posted: January 30th 2007)
Criminal:
Commonwealth appeal; grant of post sentence motion
(Bloom11507K)
(Posted: January 30th 2007)
Divorce:
Appeal
(Tasselli11907K)
(Posted: January 30th 2007)
Criminal:
Appeal
(Saiers11707K)
(Posted: January 30th 2007)
Civil:
Motion for summary judgment; breach of contract claim; lack of meeting of the minds
(Waltz011907br)
(Posted: January 30th 2007)
Criminal:
Omnibus pre-trial motion; suppression of pre-trial identification; independent in-court identification of defendant; habeas corpus, sufficiency of evidence of drug offenses; severance offenses
(Spitler11907K)
(Posted: January 30th 2007)
Criminal:
Motion to dismiss; rule 600; due diligence; removal to Georgia; refusal of district attorney to approve extradition; no continuous search requirement
(Armstead102907br)
(Posted: January 30th 2007)
Criminal:
Appeal; hearsay; admissions of third party; availability of third party at time of trial; trustworthiness of hearsay
(gundlach010507a)
(Posted: January 6th 2007)
Criminal:
Appeal
(Wiestling120606br)
(Posted: January 2nd 2007)
Civil:
Motion for summary judgment; enforcement of settlement agreement; injunction to enforce prohibition from publishing certain information on a Web site
(spitler120706br)
(Posted: January 2nd 2007)
Criminal:
Appeal; failure to have workers compensation insurance; duty to pay restitution to children of dead employee; DNA testing request; timeliness; bearing on guilt or innocence
(frederick121806br)
(Posted: January 2nd 2007)
Civil:
Motion for preliminary injunction; petition to stay and compel arbitration; distribution contract with arbitration clause; conduct after termination of contract; collateral estoppel where prior litigation terminated by agreement
(Scheibeler122106br)
(Posted: January 2nd 2007)
Civil:
Preliminary objections; corporate negligence; multiple factual allegations in paragraphs
(Crosseley122106br)
(Posted: January 2nd 2007)
Cellco Partership d/b/a Verizon Wireless vs. Lycoming County Board of Assessment
12.20.2006
Kenneth D. Brown
Civil:
Appeal
(cellco122006br)
(Posted: January 2nd 2007)
Administrative Appeal:
Preliminary objections to zoning enforcement complaint; prerequisite of enforcement notice
(Selleck122006br)
(Posted: January 2nd 2007)
Criminal:
Motion to suppress; habeas corpus relief; drug case; reasonable suspicion of criminal activity; plain view exception; abandoned property exception; prima facie case
(harris122906a)
(Posted: January 2nd 2007)
Civil:
Appeal of license suspension; jurisdiction of college police officer to participate in sobriety checkpoint outside of college; implied consent law
(Hufnagle122206g)
(Posted: December 22nd 2006)
Criminal:
Motion to suppress; custodial questioning; Miranda warnings; voluntariness of statements; validity of waiver of Miranda rights
(Saiers122206K)
(Posted: December 22nd 2006)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence; rape case; forcible compulsion and non consent
(tedesco122006a)
(Posted: December 20th 2006)
Criminal:
Motion to suppress; drug case; photographic identification; suggestiveness; totality of circumstances
(amos122006a)
(Posted: December 20th 2006)
Administrative Appeal:
Local agency appeal; denial of permit to demolish fire damaged building; findings supported by substantial evidence; unconstitutional taking of property; possibility of selling the structure; failure to offer property for sale
(Ecker121806bt)
(Posted: December 18th 2006)
Divorce:
Appeal
(gulliver121506a)
(Posted: December 15th 2006)
Adoption:
Involuntary termination of parental rights by the agency, relitigation of previously litigated issues; collateral estoppel; judicial notice of litigated facts and findings
(H121206K)
(Posted: December 14th 2006)
Criminal:
Motion to suppress and petition for writ of habeas corpus; probable cause; investigative detention; reasonable suspicion of criminal activity; contraband found during lawful pat-down; sufficiency of the evidence; theft of handcuffs
(king121306a)
(Posted: December 13th 2006)
Civil:
Exceptions to support entitlement order; confessed infidelity; exemption from paying support
(Rash121206br)
(Posted: December 12th 2006)
Sheddy Family Trust and Sheddy vs. Piatt Township Zoning Hearing Board, Piatt Township and Helm
12.11.2006
Nancy L. Butts
Administrative Appeal:
Appeal
(Sheddy120806bt)
(Posted: December 11th 2006)
Criminal:
Appeal; rule 1925 statement; waiver of issues
(TWilliams121106K)
(Posted: December 11th 2006)
Criminal:
Petition for writ of habeas corpus; hindering apprehension; prima facie case; renunciation; information given in response to questions
(nichols121106a)
(Posted: December 11th 2006)
Criminal:
Motion for violation of rule 600; failure to appear for scheduled arraignment
(garnes121106a)
(Posted: December 11th 2006)
Criminal:
Motion to suppress; DUI; time blood sample taken; 2 hour rule as element of offense; subjects of suppression motions
(mclaughlin121106a)
(Posted: December 11th 2006)
Civil:
Non-jury trial; replevin of pony; unjust enrichment; gift
(Worobec120506bt)
(Posted: December 5th 2006)
Divorce:
Appeal
(gulliver120406a)
(Posted: December 4th 2006)
Civil:
Motion to coordinate action; common questions of fact or law; judicial economy; convenience of the parties
(MuncyPace102506br)
(Posted: December 3rd 2006)
Criminal:
Appeal; sufficiency of evidence; justification of use of deadly force; use of deposition testimony of police officer; waiver of challenge to discretionary aspects of sentence
(Howard110106K)
(Posted: December 3rd 2006)
Criminal:
Appeal; sufficiency of evidence; robbery; timeliness of motion for suppression of statement
(Marshall110106br)
(Posted: December 3rd 2006)
Criminal:
Petition for habeas corpus; prima facie case; robbery; conspiracy; shared criminal intent; terroristic threats
(Gonzalez111706K)
(Posted: December 3rd 2006)
Criminal:
Petition for habeas corpus; prima facie case; robbery; conspiracy; shared criminal intent; terroristic threats
(Thompson111706K)
(Posted: December 3rd 2006)
Criminal:
Appeal; petition for return of property; refusal of petitioner to testify he lawfully possessed the items
(Johnson112106g)
(Posted: December 3rd 2006)
Criminal:
Appeal; revocation of probation; violation of terms of probation; abuse of discretion in sentencing
(Boruch112106K)
(Posted: December 3rd 2006)
Civil:
Forfeiture; drug related use; delivery of cocaine; unanswered requests for admissions; legal conclusions; carrying drugs sell to undercover officer
(Chianelli112806br)
(Posted: December 3rd 2006)
Cellco Partnership d/b/a Verizon Wireless vs. Lycoming County Board of Assessment
11.21.2006
Kenneth D. Brown
Administrative Appeal:
Assessment appeal; real estate taxation of communications towers; exclusions from taxation
(Cellco112106br)
(Posted: December 3rd 2006)
Criminal:
Post sentence motion granted; reference to excluded hearsay evidence in closing argument; cautionary instruction; prejudice
(Bloom113006K)
(Posted: December 3rd 2006)
Divorce:
Exceptions to master's report; earning capacity; alimony pendente lite; voluntarily assuming lower paying job; length of marriage; equity
(Betron111306g)
(Posted: November 13th 2006)
Divorce:
Exceptions to equitable distribution; short marriage; unequal distribution; rollover from 401(k); appropriateness of alimony; lack of counsel fee award
(gulliver110906a)
(Posted: November 9th 2006)
Civil:
Appeal; rule 1925 statement; waiver of issues
(Keystone110906bt)
(Posted: November 9th 2006)
Criminal:
Appeal; sexual assault; evidence of uncharged sexual incidents between the parties; res gestae; admission of juvenile record for impeachment; ineffective counsel
(Smith102706g)
(Posted: November 7th 2006)
Divorce:
Exceptions to alimony pendente lite; retroactive award; termination of property settlement agreement
(Laughlin103106bt)
(Posted: November 7th 2006)
Divorce:
Appeal; divorce decree; rule 1925 order; waiver of issues
(Chapman110106bt)
(Posted: November 7th 2006)
Divorce:
Appeal; denial of protection from abuse order; rule 1925; waiver
(Bennett110106bt)
(Posted: November 7th 2006)
Civil:
Motion for summary judgment; death of children in a pool; Restatement (2nd) torts 339; knowledge that children are likely to trespass
(Watts091206bt)
(Posted: November 2nd 2006)
Criminal:
Appeal; post conviction relief act petition; timeliness
(Evicci091206k)
(Posted: November 2nd 2006)
Criminal:
Appeal
(Johnson101706br)
(Posted: November 2nd 2006)
Administrative Appeal:
Appeal from construction code board of appeals; demolition of fire damaged building; strict scrutiny; ex parte communications; lack of hearing procedures; lack of written notice of defects
(Welch101706br)
(Posted: November 2nd 2006)
Criminal:
Commonwealth appeal; new trial; ineffective counsel; errant jury instruction; failure to request jury instruction; basic and fundamental error;
(Nunez101306K)
(Posted: November 2nd 2006)
Civil:
Appeal
(Losch102706bt)
(Posted: November 2nd 2006)
Divorce:
Exceptions to equitable distribution and alimony; consideration of support guidelines; averaging fluctuating income; sale of marital home; lack of rationale for attorney fee award
(cac110206bt)
(Posted: November 2nd 2006)
Criminal:
Appeal; voluntariness of guilty plea; sentencing issue
(dunn101706a)
(Posted: October 17th 2006)
Divorce:
Motion in limine; marital character of disability benefits; date disability pay becomes retirement benefit
(kew101606g)
(Posted: October 16th 2006)
Administrative Appeal:
Land use appeal; temporary permit for tower to monitor weather; standard of review
(Piccolella101306bt)
(Posted: October 13th 2006)
Criminal:
Petition of habeas corpus; assault case; prima facie case; loading gun in course of heated argument
(munro101306a)
(Posted: October 13th 2006)
Criminal:
Petition for habeas corpus; prima facie case; stalking; disorderly conduct
(lewis101006a)
(Posted: October 10th 2006)
Criminal:
Appeal; endangering the welfare of a minor; person owing a duty of care; photographing naked child
(Manson92806K)
(Posted: October 9th 2006)
Criminal:
Drug case; discovery; responsibility for late disclosure of evidence in possession of drug task force; prejudice; continuance of trial
(Collins92706K)
(Posted: October 9th 2006)
Criminal:
Appeal; DUI; chemical test refusal; required warning
(sagan100306a)
(Posted: October 9th 2006)
Criminal:
Appeal; request for credit for back time; time spent on probation
(good092706a)
(Posted: October 9th 2006)
Support:
Exceptions to child support; modification petition; seasonal employee (teacher); assignment of earning capacity for willful failure to obtain appropriate employment
(LSW092906bt)
(Posted: October 9th 2006)
Criminal:
Appeal
(fillman100206a)
(Posted: October 9th 2006)
Sheddy Family Trust vs. Piatt Township Zoning Hearing Board, Piatt Township & Helm
10.3.2006
Nancy L. Butts
Administrative Appeal:
Zoning appeal; variance request; expansion of auto salvage business; solicitor signing decision; interpretation of the zoning ordinance on expansion of nonconforming use
(Sheddy100906bt)
(Posted: October 3rd 2006)
Administrative Appeal:
Land use appeal; application for special exception; conversion of single family residence to duplex; substantial evidence; vague and unsubstantiated statements; remand
(Young100306bt)
(Posted: October 3rd 2006)
Civil:
Permanent injunction; validity of board action after improper removal of director by fellow directors
(Sauers092606g)
(Posted: September 28th 2006)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: September 27th 2006)
Steckel vs Williamsport Sun Gazette, Ogden Newspapers, Inc., Lock Haven Express, Sun Gazette Company, & The Ogden Newspapers of Pennsylvania, Inc.
9.18.2006
Nancy L. Butts
Civil:
Motion for summary judgment; defamation case; statute of limitations; fair report privilege; failure to state a claim
(Steckel091806bt)
(Posted: September 27th 2006)
Criminal:
Appeal
(Bowers091506bt)
(Posted: September 27th 2006)
Support:
Exceptions to child support; disabled adult child; equitable argument regarding child's income exceeding disabled, support paying parent
(DLK092506bt)
(Posted: September 27th 2006)
Support, Divorce:
Exceptions to equitable distribution and alimony pendente lite; withdrawal from IRA; marital property; alimony pendente lite after entry of divorce decree
(LAL092706bt)
(Posted: September 27th 2006)
Criminal:
Motion to suppress; vehicle stop; reasonable suspicion of criminal activity
(leonard091206a)
(Posted: September 24th 2006)
Criminal:
Motion to suppress; altercation with police; reasonable belief of authority to consent to entry into residence
(sagan092006a)
(Posted: September 24th 2006)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
