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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Support:
Exceptions to spouse and child support; earning capacity based on former employment; self employment; attempt to mitigate lost income
(MAL050906bt)
(Posted: May 24th 2006)
Support:
Exceptions to child support; modification request; material and substantial change; increased income and expenses; effect of miniscule changes in time spent with children on support obligation
(SMS051006bt)
(Posted: May 24th 2006)
Administrative Appeal:
Appeal from driving license suspension; deemed refusal to submit to chemical testing; competent medical evidence; impairment due to alcohol, anxiety & learning disability
(Pfirman051806g)
(Posted: May 24th 2006)
Civil:
Motion for summary judgment; gist of action; negligent performance of a contract
(Keystone051906bt)
(Posted: May 24th 2006)
Criminal:
Motion to dismiss; rule 600; due diligence in locating defendant
(heath050306a)
(Posted: May 24th 2006)
Support:
Exceptions to support modification petition; proof of disability; changed circumstances; earning capacity; employment perquisite that benefits both parties
(KM050506bt)
(Posted: May 9th 2006)
Criminal:
Motion for return of property; illegal seizure; proof of ownership; derivative contraband
(Toner050306bt)
(Posted: May 9th 2006)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: May 8th 2006)
Civil:
Motion for reconsideration; demurrer to survival action; capacity of plaintiff; expiration of the statute of limitations; relation back
(Firth040406K)
(Posted: May 3rd 2006)
Civil:
Motion in limine; weight of photographs and expert evidence; testimony condition of property was in the same condition
(lamper041106br2)
(Posted: May 3rd 2006)
Criminal:
Appeal; timeliness of PCRA
(Bennett041706br)
(Posted: May 3rd 2006)
Administrative Appeal:
Zoning appeal; standard of review; credibility of witnesses; abandonment
(Cummings042106br)
(Posted: May 3rd 2006)
Administrative Appeal:
Zoning appeal; standard of review; vested right based on decision of officer, later revoked
(Prince042106br)
(Posted: May 3rd 2006)
Criminal:
Appeal
(Bennett042406bt)
(Posted: May 3rd 2006)
Civil:
Appeal
(CLC042506bt)
(Posted: May 3rd 2006)
Criminal:
PCRA as exclusive remedy for post-conviction claims; pending appeal on PCRA denial
(Bennett041706br2)
(Posted: May 3rd 2006)
Civil:
Motion for summary judgment; mold case; warranty of fitness or breach of in context of commercial lease; applicability of UCC warranty to real estate; expert testimony
(lamper041106br)
(Posted: May 3rd 2006)
Support:
Exceptions to child support; emancipation; failure to graduate high school; age of majority
(ams042006bt)
(Posted: May 2nd 2006)
Support:
Exceptions to child support; earning capacity; investigation of "true wealth"; deviation for mental health issues
(pay042006bt)
(Posted: May 2nd 2006)
Criminal:
Motion to suppress; vehicle stop; DUI case; request for assistance; jurisdiction of police officer
(agostini050106a)
(Posted: May 2nd 2006)
Criminal:
Appeal; sufficiency of evidence; trespass; admissibility of evidence of prior threats; rule 600 delay; availability of defense counsel
(Hughes041106g)
(Posted: April 24th 2006)
Criminal:
Appeal; post conviction hearing act petition denial; lack of colorable claim
(Phillips041806bt)
(Posted: April 24th 2006)
Criminal:
Appeal; denial of request for transcripts
(Colvin041306bt)
(Posted: April 17th 2006)
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)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
