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:
Appeal; declaratory judgment verdict; entry of final judgment; timeliness of appeal
(CLC041306bt)
(Posted: April 17th 2006)
Criminal:
Appeal; request to review children & youth files containing history of sexual abuse; in camera review; propriety of prosecutor's closing comments
(Gephart030606br)
(Posted: April 3rd 2006)
The Park Home, Inc. t/d/b/a The Meadows vs. J.B. Gibbons Construction, Inc., Wallace, Roberts & Todd, LLC
3.6.2006
William S. Kieser
Civil:
Preliminary objections; pleading breach of contract; third party beneficiary; assignment of contract claim; duty of care of architect to subsequent purchaser; implied warranties; specificity of pleading
(Meadows030606K)
(Posted: April 3rd 2006)
Criminal:
Appeal; violation of terms of intermediate punishment; notice of probation violation; sufficiency of evidence of violation
(Webb030206br)
(Posted: April 3rd 2006)
Civil:
License suspension appeal; unreasonable delay; prejudice; delay attributable to the Administrative Office of Pa. Courts
(Entz031306br)
(Posted: April 3rd 2006)
Civil:
License suspension appeal; unreasonable delay; prejudice; delay attributable to the Administrative Office of Pa. Courts
(Buskirk031306br)
(Posted: April 3rd 2006)
Criminal:
Appeal; drug case; prosecutorial misconduct; revealing information about confidential informant; waiver by failure to object
(Stavoy031706br)
(Posted: April 3rd 2006)
Adoption:
Termination of parental rights; failure to perform parental duties; complete lack of contact for a year
(TMT031306bt)
(Posted: April 3rd 2006)
Criminal:
Petition for post conviction relief; appeal rights; suppression of statement; diminished mental capacity; weight of the evidence
(Tanner032906br)
(Posted: April 3rd 2006)
Civil:
Preliminary objections; legal insufficiency; claimed theft of trade secrets; attorneys' fees; misappropriation; specificity of damage claims; computer fraud and abuse act violation; negligent misrepresentation
(Citation032306bt)
(Posted: April 3rd 2006)
Support:
Exceptions to support and alimony pendente lite; income determination; small business; use of actual cash flow; health expenses
(JLJ032406bt)
(Posted: April 3rd 2006)
Civil:
Motion for summary judgment; elements of defamation claim; publication; use of hearsay evidence
(McMillan030906K)
(Posted: April 3rd 2006)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 21st 2006)
Wills and Estates:
Motion to strike objections to first account of will; motion to intervene; standing to object; substantial, direct and immediate interest; residuary beneficiary
(Dolan022306bt)
(Posted: March 19th 2006)
Criminal:
Motion to preclude defense of diminished capacity; presenting simultaneous presentation of insanity and diminished capacity defenses
(yasipour030706a)
(Posted: March 19th 2006)
Criminal:
Motion to suppress; DUI; reasonable suspicion for stop
(Johnson020606K)
(Posted: March 3rd 2006)
Administrative Appeal:
Petition to open judgment; writ of scire facias on municipal lien; sewer line connection; stay of sheriff's sale; breach of agreement to pay judgment
(OldLycoming020606K)
(Posted: March 3rd 2006)
Criminal:
Petition for writ of habeas corpus; compliance with post conviction relief act; review of decision to deny parole
(Blackwell020606K)
(Posted: March 3rd 2006)
Criminal:
Appeal
(foust022806a)
(Posted: March 3rd 2006)
Civil:
Appeal
(WMWA022806bt)
(Posted: March 3rd 2006)
Support:
Exceptions to support; calculation of income; deduction for health insurance
(SMB-W022806bt)
(Posted: March 3rd 2006)
Criminal:
Appeal; post conviction relief act petition denial; sexual offenses; legality of sentence; merger of offenses; ineffective counsel; failure to call witnesses; prejudice
(Clark011706br)
(Posted: March 2nd 2006)
Criminal:
Appeal; DUI; Rule 1925 statement; waiver of objections
(Breish011706br)
(Posted: March 2nd 2006)
Adoption:
Appeal; failure to appear for hearing; petition for involuntary termination of parental rights; mother with mental health and alcohol problems
(tr020306br)
(Posted: March 2nd 2006)
Criminal:
Appeal; case; failure to consider mental health and physical problems in imposing sentence
(Royal013106)
(Posted: March 2nd 2006)
Divorce:
Petition to enforce property settlement and for contempt
(Lamb021406br)
(Posted: March 2nd 2006)
Criminal:
Motion for post conviction collateral relief; timeliness of filing
(Bennett021606bt)
(Posted: March 2nd 2006)
Criminal:
Petition for post conviction collateral relief; timeliness; waiver
(Wells021606br)
(Posted: March 2nd 2006)
Criminal:
Motion to suspend administration of medication; necessity of showing jury "normal emotional state"; overriding state interest to ensure the safety of defendant and others
(yasipour022106a)
(Posted: March 1st 2006)
Support:
Exceptions to child support; unreported increase in wages; undocumented evidence of other support obligations
(CME021606bt)
(Posted: February 20th 2006)
Divorce:
Exceptions to alimony pendente lite; unemployment compensation in calculation of earning compensation; deviation for minimal living expenses
(MZ021006bt)
(Posted: February 16th 2006)
Support:
Exceptions; jurisdiction
(MLH021606bt)
(Posted: February 16th 2006)
Support:
Exceptions to child support; voluntarily quitting work to pursue high school diploma; earning capacity assessed
(SLL020806bt)
(Posted: February 16th 2006)
Criminal:
Appeal; unlawful communication with a minor; discussions of a sexual nature; consistency of verdict
(Seitzer020706g)
(Posted: February 16th 2006)
Criminal:
Motion to withdraw guilty plea; knowing, intelligent and voluntary plea; fair & just reason; defendant's misunderstanding about prior record score
(Harris011606bt)
(Posted: February 16th 2006)
Support:
Exceptions to child support; earning capacity; verification of child care expenses
(KS021006bt)
(Posted: February 16th 2006)
Criminal:
Appeal; sentencing; counting out-of-state DUI convictions
(Potter012606bt)
(Posted: February 7th 2006)
Support:
Exceptions to child support; seasonal employment; use of average monthly income assessment
(EM013106bt)
(Posted: February 7th 2006)
Criminal:
Motion to suppress; case; validity of vehicle stop; consent issue
(Quartman012406bt)
(Posted: February 7th 2006)
Criminal:
Motion to modify sentence and determine restitution; assault case; medical expenses related to subsequent injuries directly resulting from criminal conduct
(Graden020106bt)
(Posted: February 7th 2006)
Criminal:
Motion to suppress; DUI; probable cause to arrest; jurisdiction of borough police officer; hot pursuit
(Young020106K)
(Posted: February 7th 2006)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; no basis for relief
(Phillips020206bt)
(Posted: February 7th 2006)
Criminal:
Motion to withdraw guilty plea; DUI; fair and just reason; admission of guilt
(Bogart020106bt)
(Posted: February 7th 2006)
Civil:
Motion to reconsider; failure to plead essential elements of a contract; demurrer
(WMWA013106bt)
(Posted: February 7th 2006)
Civil:
Preliminary objection; breach of contract; obligation to pay estimate for extending water service
(WMWA011806bt)
(Posted: January 30th 2006)
Criminal:
Motion to dismiss; rule 600; due diligence in locating defendant
(Houston011806bt)
(Posted: January 29th 2006)
Criminal:
Motion to suppress; voluntariness of statement to police; influence of prescription drugs on knowing and voluntary statement
(ertwine012306a)
(Posted: January 29th 2006)
Kovacs vs. Listopad, Sports Car Club of America, Inc., and Simpson Performance Products, Inc.
1.13.2006
Dudley N. Anderson
Civil:
Appeal; effect of release executed by participant of Club Rally event to relieve sponsor of liability; standard of proof for a defense in a civil trial; use of previously undisclosed evidence to support chain of custody testimony
(kovacs012306a)
(Posted: January 29th 2006)
Criminal:
Motion to suppress; DUI; probable cause to arrest
(reese012706a)
(Posted: January 29th 2006)
Support:
Appeal of contempt citation; unemployed engineer; efforts to find job; minimal purge amount; failure to move for modification of support
(Warren010606g)
(Posted: January 22nd 2006)
Support:
Exceptions to child support; earning capacity; loss of job due to wrongdoing; ability to increase income, due to circumstances of job termination; child support order as punishment
(Fiester011706g)
(Posted: January 22nd 2006)
Criminal:
Appeal
(Dougherty010306bt)
(Posted: January 18th 2006)
Criminal:
Motion to suppress; DUI; mere encounter; probable cause to arrest
(Cipriani010406bt)
(Posted: January 17th 2006)
Administrative Appeal:
Appeal
(graysrun011706a)
(Posted: January 17th 2006)
Civil:
Appeal; contempt finding; ejectment and trespass action; orders ignored
(crawford010606a)
(Posted: January 11th 2006)
Criminal:
Motion in limine; endangering a child; relevance of past incidents of failing to supervise children; course of conduct; intent
(snyder010906a)
(Posted: January 11th 2006)
Criminal:
Appeal
(smith010606a)
(Posted: January 11th 2006)
Criminal:
Post sentence motion; theft case; sufficiency of the evidence; excessive sentence
(foust011106a)
(Posted: January 11th 2006)
Criminal:
Second petition under the post conviction relief act; no merit letter: lack of meritorious issues
(Randall100505bt)
(Posted: January 6th 2006)
Criminal:
Post conviction relief act petition; ineffective counsel; recusal of judge; sufficiency of evidence; prosecutor's comments; suppression issue
(Dougherty100705bt)
(Posted: January 6th 2006)
Criminal:
Appeal
(Hopkins010306bt)
(Posted: January 6th 2006)
Civil:
Motion for summary judgment; slip and fall; prima facie case of negligence; reliance upon statements found in medical records after plaintiff's death; Pa.R.E. 803(4)
(Portanova120905K)
(Posted: January 5th 2006)
Blair & Winnie vs. Mehta, Women's Health Care Associates, Simms, Datta, West Branch Emergency Physicians, NJ/PA EM-1 Medical Services, Susquehanna Physician Services & Susquehanna Health System
12.16.2005
William S. Kieser
Civil:
Motion to limit defense expert testimony; burden of proof; assertions supported by facts of record
(Blair121605K)
(Posted: January 5th 2006)
Criminal:
Appeal
(Hill121505K)
(Posted: January 5th 2006)
Criminal:
Appeal of delinquency adjudication; theft of bicycle; elements of charge of receiving stolen property; guilty knowledge inferred from possession of stolen property and actions; credibility
(DF122305K)
(Posted: January 5th 2006)
Civil:
Preliminary objections; capacity to sue on behalf of corporation; failure to state claim for breach of contract , conversion or ejectment; fiduciary duty
(Wolyniec122305K)
(Posted: January 5th 2006)
Civil:
Preliminary injunction motion; use of easement; obstruction of roadway; reasonableness of removable chain
(Winters122005K)
(Posted: January 5th 2006)
Civil:
Preliminary objections; caption error by officer of the court; emotional distress claim; sufficiency of pleading
(Firth122905K)
(Posted: January 5th 2006)
Criminal:
Appeal; sufficiency of the evidence; intermediate punishment program violations; ineffective assistance of counsel
(CONNIFF111705bt)
(Posted: January 5th 2006)
Support, Divorce:
Exceptions to support and alimony pendente lite; income determination; cash business; inaccurate tax returns; using expenditures to determine income
(Hackenberg122205g)
(Posted: January 5th 2006)
Criminal:
Appeal; post sentencing motion; rule 600 issue; effectiveness of counsel; diligence of Commonwealth in locating and trying defendant
(Nixon112805bt)
(Posted: January 5th 2006)
Criminal:
Motion to suppress and reclassify charges; DUI case; probable cause to stop; refusal to submit to blood testing implicates sentencing issues and is not an issue to be charged
(Scarborough111505bt)
(Posted: January 5th 2006)
Criminal:
Appeal
(Wilson112805bt)
(Posted: January 5th 2006)
Criminal:
Post verdict motion; sufficiency of evidence; vehicle theft; discovery violations; disclosure of witnesses other crimes
(Richardson12212005br)
(Posted: January 4th 2006)
Criminal:
Appeal; denial of motion to withdraw guilty plea; ineffective counsel; failure to have expert testify as to sexually violent predator designation; failure to predict change of law
(Wheelock122105br)
(Posted: January 4th 2006)
Criminal:
petition for habeas corpus; case; failure to hold timely preliminary hearing under rule 540; release on signature bail
(pressley122105a)
(Posted: December 21st 2005)
Administrative Appeal:
Appeal of zoning decision; wind energy project as public use; statutory construction
(graysrun121905a)
(Posted: December 19th 2005)
Support:
Exceptions to spouse support; disability claim; lack of medical evidence; minimum wage earning capacity assigned
(Lupold121405g)
(Posted: December 14th 2005)
Semo, Hinkle &Recla vs. Bausch, Walnut Street Securities, Inc., Intersecurities, Inc., Commonwealth Equity Services, Inc.
12.13.2005
Dudley N. Anderson
Civil:
Motion for certification of class action; common issues as to negligence and breach of duty of broker
(semo121305a)
(Posted: December 13th 2005)
Support:
Exceptions to child support; inclusion in income of Sub-S corporation tax liability; lack of personal benefit
(Eakin120205g)
(Posted: December 7th 2005)
Criminal:
Appeal; motion for suppression and to dismiss; DUI; probable cause to stop; radar detection of speeding car; stationary mode; constitutionality of Vehicle Code 3802(b); vague or over broad; compelling state interest
(proctor110405br)
(Posted: December 5th 2005)
Criminal:
Appeal; waiver for failure to object during trial
(brown110405br)
(Posted: December 5th 2005)
Criminal:
Post conviction relief act petition; sentencing issue; dismissal for no merit
(frederick111505br)
(Posted: December 5th 2005)
Criminal:
Appeal; case; voluntariness of guilty plea
(mull111405br)
(Posted: December 5th 2005)
Criminal:
Appeal; post conviction relief act petition denial; waiver
(smith120205a)
(Posted: December 5th 2005)
Civil:
Motions for judgment on the pleadings; amount of uninsured motorist benefits; valid request for lower limits; separate written request
(cohick113005a)
(Posted: December 5th 2005)
Support:
Exceptions to child support; child care tax credit reduction; parent not working to earning capacity
(starks120705a)
(Posted: December 4th 2005)
Support:
Reconsideration; overpayment of support; remand
(pn102405g)
(Posted: December 2nd 2005)
Civil:
Petition for leave to amend complaint; Tort Claims Act; immunity; failure of driver training, supervision or discipline
(Andrews110705K)
(Posted: December 2nd 2005)
Civil:
Verdict in declaratory judgment action; competing sales agreements; enforceability of option to purchase; relation back
(crystallakecamps111805a)
(Posted: December 2nd 2005)
Civil:
Motions for summary judgment; declaratory judgment; amount of underinsured motorist insurance benefits; effect of rejection of stacking; uninsured/underinsured coverage added after rejection
(westamerican112805a)
(Posted: December 2nd 2005)
Doran Trustee in Bankruptcy for Advanced Electronics, Inc. vs. Tri Co. Realty, Inc., Compro Distributing, Inc., Marvier Advertising, Inc. and 2595 Lycoming Creek, Inc.
11.28.2005
Dudley N. Anderson
Civil:
Appeal; motion to extend discovery; no reason for failure to engage in discovery given; basis for grant of summary judgment; lack of evidence to support claim
(doran112805a)
(Posted: December 2nd 2005)
Miller vs. Purcell, Burns, Susquehanna Gastroenterology Assoc., Nicolas & Lock Haven Hospital
11.30.2005
Dudley N. Anderson
Civil:
Motion in limine; qualifications of expert on medical standard of care; MCare Act; mere observation of expert
(miller113005a)
(Posted: December 2nd 2005)
Support:
Exceptions to child support; earning capacity; SSI eligibility as establishing inability to work; calculating tax liability
(Bellitto111705g)
(Posted: November 17th 2005)
Criminal:
Motion to require complainant to undergo psychiatric/psychological exam; Münchhausen Syndrome; possible effect on reliability of statements
(smith111505a)
(Posted: November 15th 2005)
Criminal:
Summary appeal; speeding; need to establish engineering and traffic study before posting speed limit
(funt111505a)
(Posted: November 15th 2005)
Criminal:
Appeal; excessive sentence
(fillman111505a)
(Posted: November 15th 2005)
Civil:
Preliminary objections; sexual abuse case; negligent parental control of child; scandalous and impertinent reference to prior sexual abuse
(RT031605k)
(Posted: November 9th 2005)
Civil:
Motion for summary judgment; underinsured motorist benefits; household exclusion; public policy
(Wartella102405k)
(Posted: November 9th 2005)
Support:
Exceptions to child support; earning capacity; use of statistical data due to lack of actual records; tax refund;
(Welch102505k)
(Posted: November 9th 2005)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
