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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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)
Camerer vs. Doebler Farmland, Inc., Doebler, Doebler, Doebler & McCracken
9.8.2006
Dudley N. Anderson
Civil:
Appeal; 1925 statement; waiver for failure to serve judge
(camerer090806a)
(Posted: September 17th 2006)
Civil:
Motion for summary judgment; injury from foul ball during game; handicap seating; duty
(Losch090806bt)
(Posted: September 17th 2006)
Civil:
Motion to exclude expert testimony; Frye decision; evaluation of methodology rather than conclusion
(Beatrice090706bt)
(Posted: September 17th 2006)
Criminal:
Appeal
(yasipour090806a)
(Posted: September 17th 2006)
Criminal:
Appeal; non-jury verdict; other crime evidence; identity of weapon; harmless error; adequacy of statement of sentencing reasons; prior record score; weight of the evidence; inconsistency of police officer testimony
(Johnson091406g)
(Posted: September 17th 2006)
Criminal:
Duty of Commonwealth to provide discovery of criminal record of defendant
(gates080706k)
(Posted: September 7th 2006)
Civil:
Appeal
(Daugherty082406bt)
(Posted: September 7th 2006)
Criminal:
Motion to dismiss; rule 600; lack of excusable delay; lack of due diligence
(Winters072806k)
(Posted: September 7th 2006)
Criminal:
Appeal; rule 1925 statement; waiver of issues
(bortz090106k)
(Posted: September 7th 2006)
Criminal:
Commonwealth appeal; drug case; suppression; consent to search; waiver by failure to raise in omnibus pre-trial motion; amendment
(Wimberly081006k)
(Posted: September 6th 2006)
Criminal:
Motion to dismiss; rule 600; due diligence in bringing to trial
(fisher081106a)
(Posted: September 6th 2006)
Criminal:
Appeal; service of rule 1925 statement upon judge
(johnson082106a)
(Posted: September 6th 2006)
Criminal:
Appeal; recusal; failure to raise by motion; discovery of mental health records; delay of trial; consecutive sentences; aggravated sentence; competency at time of trial
(Smith090106br)
(Posted: September 6th 2006)
Criminal:
Motion to suppress; vehicle stop; plain view; consent; coercion
(ford083106a)
(Posted: September 6th 2006)
Camerer vs. Doebler Farmland, Inc., Doebler, Doebler, Doebler & McCracken
8.22.2006
Dudley N. Anderson
Civil:
Appeal; non-jury verdict; right of officers to receive salaries; fiduciary duty; reasonableness of salaries in light of company profit
(camerer082206a)
(Posted: September 5th 2006)
Criminal:
Appeal; applicability of Megan's Law; sufficiency of post conviction relief act petition
(Bowers082906bt)
(Posted: September 5th 2006)
Criminal:
Appeal; rule 1925 statement; waiver of issues
(Colyer082906bt)
(Posted: September 5th 2006)
Hauke and Miller vs Manorcare Health Services Williamsport North; Manor Care, Inc.; HCR Manor Care Services, Inc.; Manorcare Health Services, Inc.
8.4.2006
Nancy L. Butts
Civil:
Motion for summary judgment; prima facie case for medical negligence; need for expert opinion of cause of death; use of nurse testimony
(Hauke080406bt)
(Posted: August 22nd 2006)
Miller vs. Purcell, Burns, Susquehanna Gastroenterology Assoc., Nicolas & Lock Haven Hospital
8.21.2006
Nancy L. Butts
Civil:
Post trial motions; expert discovery; testimony beyond fair scope of expert report
(Miller082106bt)
(Posted: August 22nd 2006)
Support:
Exceptions to child support; earning capacity; failure to find better employment
(SME080806bt)
(Posted: August 22nd 2006)
Criminal:
Motion for supplemental discovery; psychological records of victim
(scarborough080306a)
(Posted: August 22nd 2006)
Criminal:
Post-sentence motion; insanity defense; burden of proof; appropriateness of sentence; weight of evidence
(yasipour082106a)
(Posted: August 22nd 2006)
Support:
Exceptions to child support; earning capacity; failure to find better employment because of PFA violation; termination due to religious discrimination
(HLW081006bt)
(Posted: August 22nd 2006)
Criminal:
Appeal; failure to serve Rule 1925 statement on trial judge; waiver of objections
(johnson080706a)
(Posted: August 9th 2006)
Criminal:
Motion for reconsideration of denial of post trial motions; refusal to submit to blood test to enhance sentence; adequacy of warning; vacation of sentence
(sagan080706a)
(Posted: August 9th 2006)
Criminal:
Motion to suppress; DUI case; search warrant for medical records for blood tests; probable cause
(Cortright070506k)
(Posted: August 3rd 2006)
Criminal:
Petition for modification due to illness; independent medical evaluation; necessity of transfer to other facility; refusal to release medical records; burden of proof
(Smith070706br)
(Posted: August 3rd 2006)
Criminal:
Appeal; unauthorized use of vehicle; sufficiency of the evidence; missing witness charge
(Richardson071906br)
(Posted: August 3rd 2006)
Criminal:
Motion to suppress; search of clothing of hospitalized shooting victim by hospital employee; seizure of drugs in plain view; agent of government
(Gordy070506k)
(Posted: August 2nd 2006)
Civil:
Non-jury trial; easement by implication; maintenance rights
(Lowery071206br)
(Posted: August 2nd 2006)
Criminal:
Post conviction relief act petition; ineffective counsel; time limitation; increased minimum sentence
(Evicci071706k)
(Posted: August 2nd 2006)
Criminal:
Petition to allow summary appeal nunc pro tunc; notice of 30 day appeal period
(hekimian071706a)
(Posted: August 2nd 2006)
Loyalsock Township School District vs. Loyalsock Custodial Maintenance Secretarial and Aide Assn.
7.24.2006
Kenneth D. Brown
Civil:
Appeal
(LoyalsockSchDist072406br)
(Posted: August 2nd 2006)
Criminal:
Post conviction relief act petition; ineffective counsel; unlawful sentence; Megan's Law registration; retroactive application
(Bowers073106bt)
(Posted: August 2nd 2006)
Criminal:
Appeal of jury verdict; robbery and theft; sufficiency of evidence; identification of defendant; court urges reversal of conviction on one count
(Williams073106)
(Posted: August 2nd 2006)
Criminal:
Appeal of sentence of court; manifestly excessive sentence; discretion of court
(Foster080106br)
(Posted: August 2nd 2006)
Civil:
Motion for new trial; proper jury charge; hills and ridges doctrine; Restatement (Second) of Torts §§ 343 and 343A
(Daugherty073106)
(Posted: August 1st 2006)
Wills and Estates:
Estate of incapacitated person; court approval of purchase of assets to maintain employment and housing for incapacitated person
(Rizzo072806g)
(Posted: August 1st 2006)
Criminal:
Motion to suppress; drug delivery case; search of hotel room without warrant; burden to prove exigent circumstances
(Johnson071406g)
(Posted: July 30th 2006)
Divorce:
Exceptions to equitable distribution; credit for fair rental value; award of residence; alimony
(richardson070306a)
(Posted: July 20th 2006)
Civil:
Preliminary objections; damages in wrongful death case; failure to specifically identify unnamed individuals in vicarious claim
(Firth070706bt)
(Posted: July 20th 2006)
Criminal:
Appeal; sexually violent predator; consistency of jury verdict; unduly harsh sentence; Megan's Law hearing; psychological testimony; consecutive sentences relating to same incident
(Castro071306bt)
(Posted: July 20th 2006)
Weis Markets vs. Montoursville Borough and Montoursville Borough Council and Wal-Mart Stores Inc.
6.30.2006
Nancy L. Butts
Administrative Appeal:
Land use appeal; premature approval; conditional approval of land use plan; discretion of count on appeal
(Weis063006bt)
(Posted: July 20th 2006)
Civil:
Preliminary objections; impertinent, immaterial, and scandalous allegations; motion to compel; insufficient discovery responses; motion for sanctions
(Citation071706bt)
(Posted: July 20th 2006)
Support:
Exceptions to child support; unreimbursed medical expenses; over withholding of taxes; calculation of income
(LAS070806bt)
(Posted: July 8th 2006)
Civil:
Appeal; denial of in forma pauperis petition; patently frivolous action; failure to file rule 1925 statement
(bennett060106br)
(Posted: July 6th 2006)
Loyalsock Township School District vs. Loyalsock Custodial Maintenance Secretarial and Aide Assn.
6.15.2006
Kenneth D. Brown
Civil:
Appeal of arbitrator's decision; termination of school employee for drug use off the job; arbitrator's interpretation of the bargaining agreement; employer's discretion; scope of arbitrator's authority
(Loyalsock061506br)
(Posted: July 6th 2006)
Criminal:
Appeal; drug case; size of fine; ability to pay
(Leach062906br)
(Posted: July 6th 2006)
Criminal:
Appeal; sexual offenses; weight of evidence; competency of child witness; ineffective counsel; trial strategy; objections to testimony; propriety of prosecutor's closing argument; jury charge; merger of offenses; consideration of juvenile record in Megan's Law hearing
(Gennarelli062606br)
(Posted: July 6th 2006)
Criminal:
Motion to dismiss; rule 600; due diligence in locating incarcerated defendant
(Sturdivant60606K)
(Posted: June 30th 2006)
Criminal:
Appeal; failure to file rule 1925 statement; waiver of objections
(Moon060206K)
(Posted: June 30th 2006)
Criminal:
Appeal by Commonwealth; dismissal of DUI count; blood alcohol evidence; engine heat as evidence of time of use of vehicle; delayed test
(Scarfo062106K)
(Posted: June 30th 2006)
Support:
Exceptions to spouse and child support; earning capacity based on former employment; attempt to mitigate lost income
(CAS062706bt)
(Posted: June 30th 2006)
Civil:
Non-jury trial; termination of partnership agreement; liability for debts; distribution of assets
(Hartzel062006bt)
(Posted: June 30th 2006)
Civil:
Non-jury trial; breach of contract; failure to appear
(Supply061506bt)
(Posted: June 30th 2006)
Divorce:
Exceptions to denial of alimony; marital misconduct; economic factors; size of marital estate
(Reichenbach062906g)
(Posted: June 30th 2006)
Criminal:
Post conviction relief act petition; Megan's Law registration; violation of state and federal constitutions; ineffective counsel
(Bowers060806bt)
(Posted: June 22nd 2006)
Divorce:
Appeal of divorce decree; service of notice to request entry of decree; deadline to assert economic claims; bifurcation
(Larka061406bt)
(Posted: June 22nd 2006)
Support:
Exceptions to child support; earning capacity; failure to maintain or find better employment
(SLE062006bt)
(Posted: June 22nd 2006)
Civil:
Appeal; factors to award sanctions under Rule 1023.1
(regscan062106a)
(Posted: June 22nd 2006)
Criminal:
Motion to suppress; drug case; informant's information; reliability of informant; probable cause
(clark061606a)
(Posted: June 21st 2006)
Divorce:
Exceptions to alimony pendente lite; assessment of income; borrowed money
(Butters061506g)
(Posted: June 21st 2006)
Criminal:
Post sentence motion; DUI; considerations in sentencing; prior DUI; refusal to submit to blood testing; right to a jury trial
(sagan061206a)
(Posted: June 18th 2006)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
