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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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)
Criminal:
Petition for review of sentence; in-home detention program; 4 month limitation
(cobb051399br)
(Posted: November 9th 2005)
Criminal:
Appeal; waiver and reinstatement
(manson100505k)
(Posted: November 7th 2005)
Criminal:
Post conviction collateral relief petition; ineffective counsel; lack of certification of witness; entitlement to relief; inadmissible evidence
(Smith100605br)
(Posted: November 7th 2005)
Criminal:
Motion to suppress; drug case; search incident to arrest; inevitable discovery of drugs on person
(Duval102505br)
(Posted: November 7th 2005)
Support:
Exceptions to child support; use of federal tax exemption; income calculation
(Wells110305g)
(Posted: November 3rd 2005)
Civil:
Preliminary objections; wage payment law; performance pay plan; forfeiture for early termination
(gudleski102805a)
(Posted: November 1st 2005)
Civil:
Appeal; antenuptial agreement; property subject to equitable distribution; contribution of equity
(kinley102605a)
(Posted: October 26th 2005)
Civil:
Motion for judgment on the pleadings; property loss; breach of contract, bad faith and a violation of the Unfair Trade Practices and Consumer Protection Law claim; statute of limitations; premature motion; improper investigation
(cillo101705a)
(Posted: October 17th 2005)
Support:
Exceptions to spouse support; assessment of full time earning capacity as teacher to spouse unable to find job; reasonableness of efforts to find employment
(Neff101405g)
(Posted: October 13th 2005)
Divorce:
Exceptions to alimony pendente lite; length of marriage; health insurance contribution
(Marzzacco101205g)
(Posted: October 12th 2005)
Civil:
Preliminary objections; consortium; punitive damages; accident involving alcohol; negligent entrustment
(Sees101105k)
(Posted: October 11th 2005)
Civil:
Motion for summary judgment; slip & fall case; need for expert testimony regarding design of steps; status of plaintiff; trespasser or licensee; jury question
(Anthony100705g)
(Posted: October 7th 2005)
Civil:
Motion for summary judgment; tortious interference with contract; failure to produce evidence
(regscan100605a)
(Posted: October 5th 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.
10.3.2005
Dudley N. Anderson
Civil:
Motion for summary judgment; equity action; avoidance of mortgage foreclosure as fraudulent transactions; no debtor/creditor relationship; piercing the corporate veil; expired discovery deadline
(doran100305a)
(Posted: October 4th 2005)
Civil:
Petition to open confessed judgment; judgment confessed for rent due under lease; letter modifying lease; evidence requiring jury trial
(prfinancing092205a)
(Posted: October 1st 2005)
Support:
Objection to attachment of joint bank account
(Baity092305g)
(Posted: October 1st 2005)
Criminal:
Appeal; motion to dismiss; delay in sentencing; clerical error; burden to pursue sentencing; mere inconvenience
(harter092805a)
(Posted: October 1st 2005)
Criminal:
Motion to suppress; DUI; reasonable suspicion for stop
(fisher092705bt)
(Posted: October 1st 2005)
Civil:
Preliminary objections; negligent entrustment; company owned car; alcohol on breath; punitive damage claim; scandalous and impertinent averment
(Phillips093005k)
(Posted: September 30th 2005)
Civil:
Preliminary objections; negligent entrustment; company owned car; alcohol on breath; punitive damage claim; scandalous and impertinent averment
(Sees093005k)
(Posted: September 30th 2005)
Civil:
Need for post trial motions in partition case; required direct appeal
(kinley092605a)
(Posted: September 26th 2005)
Criminal:
Appeal; non-jury trial; aggravated assault of prison guard; spraying shampoo bottle; fear of contamination by bodily fluids from HIV positive prisoner
(walker090805bt)
(Posted: September 25th 2005)
Semo, Hinkle &Recla vs. Bausch, Walnut Street Securities, Inc., Intersecurities, Inc., Commonwealth Equity Services, Inc.
9.15.2005
Dudley N. Anderson
Civil:
Motion for summary judgment; liability in transaction as an undisclosed principal; premature motion; broker-dealer's duty of supervision; fiduciary duty; applicability of Pa. Securities Act; fiduciary duty of unknown principal
(semo091505a)
(Posted: September 25th 2005)
Criminal:
Appeal; drug case; last minute continuance request to hire private attorney; constitutionality of mandatory minimum sentence; weight of evidence
(Nthuthu092005br)
(Posted: September 25th 2005)
Criminal:
Appeal
(hamilton092005a)
(Posted: September 25th 2005)
Criminal:
Appeal; driving while imbibing; sentencing issue; need to prove prior convictions; grading; due process
(proctor092305k)
(Posted: September 23rd 2005)
Administrative Appeal:
Appeal
(LaForme091505k)
(Posted: September 15th 2005)
Administrative Appeal:
Appeal; propriety of remand for hearing; commingling of prosecutorial and adjudicative functions; mootness
(LaForme091505k2)
(Posted: September 15th 2005)
Civil:
Partition action; marital home; determination of value
(kinley091405a)
(Posted: September 14th 2005)
Civil:
District justice appeals; reinstatement for good cause; prothonotary error
(aquavantage090905a)
(Posted: September 14th 2005)
Civil:
Motion for summary judgment; de facto merger; issue of fact
(lord081105k2)
(Posted: September 9th 2005)
Civil:
Motion for summary judgment; successor liability; de facto merger; mere continuation exception; issues of fact
(lord081105k1)
(Posted: September 9th 2005)
Civil:
Appeal
(Rice081605k)
(Posted: September 9th 2005)
Civil:
Motion to exclude expert testimony; slip & fall worsening fibromyalgia; Frye test; opinion of family physician; proper methodology
(Millard081205k)
(Posted: September 9th 2005)
Criminal:
Appeal; failure to file rule 1925 statement; waiver
(manson082905k)
(Posted: September 9th 2005)
Civil:
Appeal; denial of motion for judgment on the pleadings
(Montour090205k)
(Posted: September 9th 2005)
Susquehanna Regional Healthcare Alliance & Susquehanna Physician Services vs. Fortis Insurance & Does and Roe
9.9.2005
William S. Kieser
Civil:
Declaratory judgment action; overpayment to doctor of amount owed under insurance contract; equitable restitution and estoppel; mootness; self-help; reliance; attorney fee award
(SusReg090905k)
(Posted: September 9th 2005)
Criminal:
Motion for extraordinary relief; substitute for post sentence motions; undisclosed criminal record of witness; crimen falsi convictions; after-discovered evidence
(hopkins083105bt)
(Posted: September 7th 2005)
Hornberger vs. Kurtz Kawasaki adn Kawasaki Motor Corp, U.S.A. vs. Snyder
9.1.2005
Dudley N. Anderson
Civil:
motion for summary judgment; product liability case; assumption of the risk; warning
(hornberger090105a)
(Posted: September 2nd 2005)
Criminal:
Appeal
(Valentine071505br)
(Posted: September 1st 2005)
Criminal:
Appeal; drug delivery; sufficiency of evidence; amount of drugs in possession
(Graves081005br)
(Posted: September 1st 2005)
Criminal:
Post sentence motions; withdraw guilty plea; sexually violent predator; sentencing discretion; independent assessment
(wilson082505bt)
(Posted: August 29th 2005)
Divorce:
Exceptions to alimony pendente lite; border/renter income assessment
(Sweithelm082605g)
(Posted: August 26th 2005)
Criminal:
Appeal; careless driving; cellular telephone usage; culpability
(Evans081705g)
(Posted: August 23rd 2005)
Criminal:
Underage drinking; sufficiency of evidence; observations of officer
(Barry081105g)
(Posted: August 18th 2005)
Support:
Exceptions to child support; earning capacity; failure to obtain higher compensated employment; lifestyle preference; timing
(Cox081605g)
(Posted: August 18th 2005)
Wills and Estates:
Petition to admit conformed copy of original will; presumption of revocation or destruction
(tebbs072705bt)
(Posted: August 17th 2005)
Criminal:
Appeal; merger of attempted robbery and aggravated assault; overly harsh sentence
(ritter080905bt)
(Posted: August 16th 2005)
Criminal:
Appeal; merger of indecent assault and involuntary deviate sexual intercourse; separate acts
(harrold080905bt)
(Posted: August 16th 2005)
Criminal:
Continuance request; need to locate relative in Iran; death penalty case; speculative logistics
(yasipour080905a)
(Posted: August 12th 2005)
Criminal:
Summary appeal; equal protection or due process violation; driving under suspension while DUI
(hamilton081005a)
(Posted: August 11th 2005)
Civil:
Appeal; mandamus; exhaustion of remedies
(bennett080305a)
(Posted: August 10th 2005)
Administrative Appeal:
Appeal of adjudication; commingling prosecutorial and adjudicative functions; denial of due process; remand for new hearing
(LaForme071205k)
(Posted: August 1st 2005)
Civil:
Preliminary objections; venue; place payment due
(Farmer071105k)
(Posted: August 1st 2005)
Civil:
Petition for change of name; best interests of the child; abandonment by father
(Rangru072205k)
(Posted: August 1st 2005)
Civil:
Petition for change of name; best interests of the child; criminal conduct of father; social stigma
(campbell072205k)
(Posted: August 1st 2005)
The Park Home, Inc. t/d/b/a The Meadows vs. J.B. Gibbons Construction, Inc., Wallace, Roberts & Todd, LLC
7.22.2005
William S. Kieser
Civil:
Preliminary objections; motion to correct name of plaintiff; adding party without court approval
(Park071205k)
(Posted: August 1st 2005)
Support:
Exceptions to child support; earning capacity; termination for cause
(Fiester071805g)
(Posted: July 29th 2005)
Criminal:
Appeal; transcript requested in anticipation of post-conviction relief act petition
(colvin072505a)
(Posted: July 29th 2005)
Criminal:
Motion to dismiss; sentencing delay; rule 704; prejudice
(harter072505a)
(Posted: July 29th 2005)
Adoption:
Termination of parental rights; failure to perform parental duties
(tnt072605bt)
(Posted: July 29th 2005)
Criminal:
Motion to compel answer to bill of particulars; detail of affidavit of probable cause; surprise
(snyder072505bt)
(Posted: July 26th 2005)
Criminal:
Objections to proposed dismissal of PCRA petition; after discovered evidence; due diligence
(meehan063005bt)
(Posted: July 18th 2005)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
