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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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)
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)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
