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:
petition for habeas corpus; sufficiency of the evidence of aggravated assault
(graden071505bt)
(Posted: July 18th 2005)
Criminal:
Motion to suppress; vehicle stop; probable cause; lighting issue; erratic driving
(confer071505bt)
(Posted: July 18th 2005)
Criminal:
Appeal
(Stafford071205br)
(Posted: July 17th 2005)
Criminal:
Appeal; sufficiency of the evidence and multiple other issues decided in this 142 page opinion
(Illes070805br)
(Posted: July 17th 2005)
Criminal:
Appeal; post conviction collateral relief motion; waiver
(bartlett070505a)
(Posted: July 17th 2005)
Criminal:
Post conviction relief act petition; ineffective counsel; duty to file appeal
(conniff071205bt)
(Posted: July 17th 2005)
Civil:
Competing injunction motions; sexually explicit material; failure to secure zoning permit; constitutionality of zoning regulations; restrictive distance requirements; special exception procedure; discretion of zoning hearing board
(Wynon063005g)
(Posted: July 1st 2005)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to file timely appeal; alibi witnesses
(Tanner060605br)
(Posted: June 29th 2005)
Criminal:
DUI sentencing issue; sequence of sentencing multiple offenses; counting offenses for mandatory minimum purposes
(Frank060605br)
(Posted: June 29th 2005)
Adoption:
Appeal; termination of parental rights; drug use by parent
(SH060705k)
(Posted: June 29th 2005)
Criminal:
Motion to suppress; DUI; mere encounter; sufficient basis developed for investigation; probable cause developed
(Joyner061705br)
(Posted: June 29th 2005)
Criminal:
Appeal
(Ingram062205br)
(Posted: June 29th 2005)
Civil:
Preliminary objections; sexual abuse case; predisposition of sexual abuse victim to sexually abuse
(Torelli062205k)
(Posted: June 29th 2005)
Administrative Appeal:
Petition to set aside tax sale; non-jury trial; compliance with statutory notice requirements; due process; reasonable efforts to give notice; post office inquiry; internet address search
(RICE062405k)
(Posted: June 29th 2005)
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
6.23.2005
William S. Kieser
Civil:
Motion to compel deposition testimony; conversations with spouse; compelling expert opinion from physician
(Blair062305k)
(Posted: June 29th 2005)
Civil:
Preliminary objections; failure of barkeeper to protect patron from assailant; tort of spoliation of evidence
(Fella062305k)
(Posted: June 29th 2005)
Civil:
Motion to disqualify counsel; same transaction or legal dispute; counsel as witness at trial
(camerer062405a)
(Posted: June 27th 2005)
Administrative Appeal:
Petition for approval to increase real estate tax level; county-wide reassessment; good cause; negative impact of budget cuts
(jerseyshore060305a)
(Posted: June 24th 2005)
Support:
Exceptions to child support; birthing expenses; use of statistics to establish earning capacity; characterization of loan by parent
(Steinback061505g)
(Posted: June 20th 2005)
Support:
Exceptions to child support; earning capacity; laid off computer support specialist; starting new business in related field; entry level income assessment
(Chance060305g)
(Posted: June 14th 2005)
Civil:
Appeal
(hanscom060805a)
(Posted: June 8th 2005)
Civil:
Appeal; preliminary objections; service of process; certificate of merit;
(kreamer060805a)
(Posted: June 8th 2005)
Administrative Appeal:
License suspension; refusal to submit to chemical testing; timing of request; curing untimely warning
(Barger042105g)
(Posted: June 2nd 2005)
Support:
Exceptions to spouse and child support; assessment of income; seasonal job; actual earnings; length of marriage
(Stark051005g)
(Posted: June 2nd 2005)
Support:
Exceptions to support; earning capacity; minimum wage assessment; SSI benefit; unusual expenses paid by third party
(Snyder052405g)
(Posted: June 2nd 2005)
Criminal:
Appeal
(Ungard052505br)
(Posted: June 1st 2005)
Nkwenti-Zamcho vs. Pennsylvania State Education Association & Penn College Education Association
5.24.2005
William S. Kieser
Civil:
Preliminary objections; claim against union for breach of duty of fair representation; racial discrimination; exhaustion of administrative remedies; duty of parent union; conspiracy; indispensable party
(Nkwenti-Zamcho052405k)
(Posted: June 1st 2005)
Adoption:
Appeal
(sh051905k)
(Posted: June 1st 2005)
Civil:
Motion for summary judgment; vehicle purchase contract; confidential relationship; unfair or deceptive trade practices
(Lehman052605k)
(Posted: June 1st 2005)
Criminal:
Petition for writ of habeas corpus; prima facie case; conspiring to commit retail theft;
(reed051905bt)
(Posted: May 22nd 2005)
Kovacs vs Listopad, Sports Car Club of America, Inc. and Simpson Performance Products, Inc.
5.19.2005
Dudley N. Anderson
Civil:
Motions for summary judgment; automobile race; assumption of risk; release; certification of helmet; causation
(kovacs051905a)
(Posted: May 22nd 2005)
Civil:
Post trial relief; property line issue; laches; implied easement; easement by prescription
(posch051705a)
(Posted: May 18th 2005)
Support:
Exceptions to child support; emancipation of child; modification of agreement for inadequacy
(Harlan051305g)
(Posted: May 17th 2005)
Criminal:
Grading of DUI conviction; prior NY convictions
(potter051705bt)
(Posted: May 17th 2005)
Support:
Exceptions to dismissal of petition for modification of child support; income assessment; owner of Sub S corporation; evaluation of long term finances of corporation
(Eakin051305g)
(Posted: May 17th 2005)
Wills and Estates:
Petition regarding newly-discovered will; one year limitation; timeliness
(johnson051205bt)
(Posted: May 17th 2005)
Civil:
Appeal; expert opinion raising an issue of fact
(meyer050505a)
(Posted: May 13th 2005)
Criminal:
Appeal; ineffective counsel; knowing, intelligent and voluntary guilty plea; colloquy
(quartman051205bt)
(Posted: May 13th 2005)
Administrative Appeal:
Motion for additional evidence; nonconforming use; lawfulness of prior use; abandonment; Dead Man's Act
(Cummings050505k)
(Posted: May 13th 2005)
Support:
Exceptions to child support; enforcement of agreement; dependency exemptions
(Saka050205g)
(Posted: May 13th 2005)
Criminal:
Habeas corpus; motion for discovery; possession of firearm at home; aggravated assault of police officer; physical menace
(moser050305bt)
(Posted: May 6th 2005)
Civil:
Preliminary objections; mandamus action to compel township to accept dedication of road; lack of mandatory language in ordinance
(hanscom050305a)
(Posted: May 5th 2005)
Administrative Appeal:
Appeal
(Fetter03072005k)
(Posted: May 3rd 2005)
Civil:
Preliminary objections; habitability of leased home; warranty claim; tort claims for personal injury and property damage; gist of action; unjust enrichment
(Guthrie033105k)
(Posted: May 2nd 2005)
Beneficial Consumer Discount Co. vs. Rzeplinski and West Branch Valley Credit Union
4.7.2005
William S. Kieser
Civil:
Writ of execution; claim for exemption; social security benefits
(Beneficial040705k)
(Posted: May 2nd 2005)
Criminal:
Post sentence motion; sex offenses with minor; evidence of penetration; reputation for truth; evidence of other aggressive sexual conduct of victim
(Gephart041805br)
(Posted: May 2nd 2005)
Criminal:
Post conviction relief act petition; timeliness; meritless petition
(meehan042605bt)
(Posted: May 2nd 2005)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: May 2nd 2005)
Divorce:
Exceptions from equitable distribution; alimony; unique circumstances involving low income husband and disabled wife; ability to pay alimony; needs of children
(Warren041905g)
(Posted: April 30th 2005)
Support:
Exceptions to child support; reduction of earning capacity where parent returns to school; need to meet children's financial needs
(Fowler042105g)
(Posted: April 30th 2005)
Civil:
Appeal; coordination of actions; consent to venue; first filing.
(vmb042605a)
(Posted: April 30th 2005)
Criminal:
Appeal; post conviction relief act petition denial; parole request; sentencing issue
(pasters042505a)
(Posted: April 25th 2005)
Criminal:
Appeal from summary conviction; speeding on hazardous grade; need for traffic and engineering investigation
(shiner041505a)
(Posted: April 23rd 2005)
Criminal:
Motion to dismiss information; double jeopardy; compulsory joinder; drug case; same criminal episode
(gainey041305bt)
(Posted: April 23rd 2005)
Support:
Child support; assignment of earning capacities; expert testimony
(Musser041205g)
(Posted: April 12th 2005)
Civil:
Petition for habeas corpus; prima facie case; indecent assault; lack of contact with genitalia
(seitzer040705bt)
(Posted: April 11th 2005)
Civil:
Motions for summary judgment; medical malpractice; transfer of emergency room care
(meyer040605a)
(Posted: April 11th 2005)
Criminal:
Motion to suppress evidence and to dismiss; vehicle stop; probable cause; reliance on radio report
(coyle040805bt)
(Posted: April 11th 2005)
Divorce:
Exceptions to alimony pendente lite; assessment of earning capacity; part-time work
(Smith030805g)
(Posted: April 7th 2005)
Criminal:
Motions to dismiss and for return of property; child endangerment; invasion of privacy; nude photos; computers not involved in charges
(manson040405bt)
(Posted: April 7th 2005)
Civil:
Petition for reconsideration; assumption of risk; knowledge of conditions
(young040405a)
(Posted: April 7th 2005)
Criminal:
Appeal; drug delivery; non-jury trial; cross examination about previous drug sales; sufficiency of other evidence
(james040405a)
(Posted: April 7th 2005)
Criminal:
Motion for return of property; probation without verdict; drug and paraphernalia possession; wallet and contents; lawful ownership of money
(johnson040405bt)
(Posted: April 6th 2005)
Criminal:
Appeal
(Rubio031005br)
(Posted: April 4th 2005)
Criminal:
Post conviction relief act petition; ineffective counsel; sufficient time to review discovery; sentence entrapment; school zone
(james033105bt)
(Posted: April 4th 2005)
Civil:
Motion for summary judgment; termination of employment; breach of contract; employee handbook; at-will employment; sick leave; emotional distress; Workmen's' Compensation preemption
(Eckenrod032305k)
(Posted: April 2nd 2005)
Bogaczyk vs. Patterson, Cavanagh, Susquehanna Health System and Susquehanna Physicians Services
3.2.2005
Kenneth D. Brown
Civil:
Appeal
(Bogaczyk030505br)
(Posted: April 1st 2005)
Civil:
Motion for summary judgment; admissions in answer; failure to respond to motion; corporate entity; legal conclusions; personal liability of corporate officer; specific performance
(Swisher030805k)
(Posted: April 1st 2005)
Civil:
Motion for summary judgment; negligence; duty of crane operator for ensuring structural soundness of trusses
(Emerick031005k)
(Posted: April 1st 2005)
Civil:
Motion for summary judgment; negligence; duty of building owner to independent contractor's employees; control of site; peculiar risk/special danger doctrine
(Emerick031005k2)
(Posted: April 1st 2005)
Criminal:
Appeal; post conviction hearing act petition; timeliness; jurisdiction
(Bennett031405br)
(Posted: April 1st 2005)
Criminal:
Motion to suppress; validity of vehicle stop; mere squealing of tires
(Cowher031405br)
(Posted: April 1st 2005)
Criminal:
Appeal; denial of in forma pauperis petition; summary citations; mootness
(colvin031005k)
(Posted: April 1st 2005)
Flexer vs. Weis Markets, Inc.; Pepsi Cola Bottling Co. of Williamsport; Family Dollar Stores of PA Inc.; Vendomatic, Inc.
3.24.2005
William S. Kieser
Civil:
Motions for summary judgment; injury on mechanical horse ride; strict liability and product liability; duty; notice of dangerous condition; circumstantial evidence
(Flexer032405k)
(Posted: April 1st 2005)
Criminal:
Petition for habeas corpus; timeliness; previously litigated issues
(Brown032805br)
(Posted: April 1st 2005)
Criminal:
Petition for post conviction relief; appeal rights; timeliness
(Ungard032805br)
(Posted: April 1st 2005)
Civil:
Petition to set aside nomination petition; defective statement of financial interests; timeliness of service to Bureau of Elections; mandatory time limit
(Temple032205g)
(Posted: March 25th 2005)
Criminal:
Motion to withdraw guilty plea; DUI; due process; Vehicle Code section 3802(b); vague & overbroad statute; legislative intent; disparate treatment; equal protection
(moyer032105br)
(Posted: March 25th 2005)
Civil:
Motion to strike answer to new matter and counterclaim; 16 month filing delay; lack of prejudice
(fila031805a)
(Posted: March 25th 2005)
Criminal:
Petition for writ of habeas corpus; prima facie case; DUI; chemical test refusal
(hutchinson031505bt)
(Posted: March 16th 2005)
Criminal:
Appeal; sufficiency of evidence; sentencing discretion; effective counsel
(jennings030705bt)
(Posted: March 11th 2005)
Wills and Estates:
Motion for post-verdict relief; common law marriage; reputation of marriage; exchange of verba in praesenti
(young030805bt)
(Posted: March 11th 2005)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 8th 2005)
Pa. Independent Waste Haulers Assoc. & Lycoming County vs. Northumberland County, Union County, Montour County, Columbia County, Snyder County Solid Waste Management Authority
3.7.2005
Dudley N. Anderson
Civil:
Appeal
(piwha030705a)
(Posted: March 8th 2005)
Criminal:
Motion to suppress; vehicle stop; voluntariness of consent to search
(davis030805bt)
(Posted: March 8th 2005)
Criminal:
Appeal; reconsideration of proposed dismissal of post conviction hearing act petition; timeliness
(Farmer030105br)
(Posted: March 7th 2005)
Jahanshahi, Naghdi & Happy Valley Roasters, Inc. vs. Centura Development Co. Inc & Eck
2.2.2005
William S. Kieser
Civil:
Petition to set aside fraudulent transfer; commencement of statute of limitations; discovery rule
(Jahanshah020205k)
(Posted: March 2nd 2005)
Civil:
Modification of previously prepared but not issued opinion and order
(Pine010205k)
(Posted: March 2nd 2005)
Civil:
Characterization and timeliness of requests for post trial relief; obstruction of right-of-way; effect of order on zoning requirements; credibility of damage testimony; mitigation of damages
(Pine070704k)
(Posted: March 2nd 2005)
Administrative Appeal:
Appeal of adjudication reaffirming decision to terminate; incomplete record; remand to school board; issue of board member bias; voir dire of board members
(LaForme020205k)
(Posted: March 2nd 2005)
Criminal:
Appeal; failure to appear for trial; waiver of right to appear
(Baines022205br)
(Posted: March 2nd 2005)
Civil:
Motion for judgment on the pleadings; failure to deny responsibility for debt
(National022805k)
(Posted: March 2nd 2005)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence; loitering; drug paraphernalia
(jolin021705bt)
(Posted: February 28th 2005)
Civil:
Motion for summary judgment; assumption of the risk; pedestrian vs. bicycle race sponsor
(young022805a)
(Posted: February 28th 2005)
Criminal:
Amended petition for relief under post conviction relief act; ineffective counsel; reinstatement of appeal rights
(james022205a)
(Posted: February 24th 2005)
Support, Divorce:
Calculation of support and alimony pendente lite with split custody arrangement
(Way021405g)
(Posted: February 18th 2005)
Criminal:
Motion to reconsider sentence or withdraw guilty plea; interpretation of plea agreement; credit for time served
(hillman020905bt)
(Posted: February 17th 2005)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: February 15th 2005)
Wills and Estates:
Petition to remove co-executor; disagreement over disposition of property; lack of substantial reason
(jean010505bt)
(Posted: February 10th 2005)
Criminal:
Post sentence motions for new trial and for reconsideration of sentence; drug case; chain of custody issue; school zone enhancement; submission to jury of enhancement issue; overly harsh sentence
(robinson010405bt)
(Posted: February 10th 2005)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
