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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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)
Criminal:
Omnibus pretrial motion; discovery; writ of habeas corpus; site view, bill of particulars; prima facie case; corpus delecti; closely related crime exception
(gray010405bt)
(Posted: February 10th 2005)
Criminal:
Application to withdraw as council in post conviction relief case; lack of meritorious issues; timeliness
(smith010705bt)
(Posted: February 10th 2005)
Criminal:
Motion to suppress; drug case; vehicle search; mundane vehicle code violation; consent to search; reasonable suspicion to search; unlawful detention
(fenty011305bt)
(Posted: February 10th 2005)
Criminal:
Post conviction relief act petition; ineffective counsel; recusal of judge; suppression of statements; expert testimony; jury instructions
(lindstrom011105bt)
(Posted: February 10th 2005)
Criminal:
Motion to suppress; drug case; search warrant based in confession of other person; errant address in warrant; limitation certain rooms; reliability of information
(outen012105bt)
(Posted: February 10th 2005)
Wills and Estates:
Petitions for reimbursement of expenses; home improvements; discretion of trustee; duty of trustee to plan for future needs of beneficiary
(brickell012805bt)
(Posted: February 10th 2005)
Criminal:
Appeal; harsh sentence due to prior record; sentencing guidelines; merger of offenses for sentencing
(jennings020105bt)
(Posted: February 10th 2005)
Criminal:
Post conviction relief act petition; ineffective counsel; duty to file appeal to Supreme Court; merit of claims
(cooke020405bt)
(Posted: February 10th 2005)
Criminal:
Post conviction relief act petition; timeliness; notice of denial of previous petition
(zellers020305bt)
(Posted: February 10th 2005)
Support:
Exceptions to child support; pro-ration of lump sum worker's compensation settlement; additional assessment where parent receives unemployment compensation and isn't looking for work; seasonal work
(Strickland020205g)
(Posted: February 9th 2005)
Criminal:
Appeal; post conviction collateral relief motion; ineffective assistance of counsel; tricked into pleading guilty; timeliness
(mckee020805a)
(Posted: February 9th 2005)
Pa. Independent Waste Haulers Assoc. & Lycoming County vs. Northumberland County, Union County, Montour County, Columbia County, Snyder County Solid Waste Management Authority
2.2.2005
Dudley N. Anderson
Civil:
Declaratory judgment action; summary judgment; imposition by county of administrative fee for waste disposal; state law preemption
(PIWHA020705a)
(Posted: February 8th 2005)
Criminal:
Appeal; entitlement to bail; post conviction relief act petition denial
(Phippen010705br)
(Posted: February 4th 2005)
Civil:
Preliminary objections; contract case; specificity of complaint; failure to plead essential terms of oral contract; fraud claim; future conduct; fraudulent intent; obligation of corporate officer; piercing corporate veil
(Kinley011205k)
(Posted: February 4th 2005)
Administrative Appeal:
Appeal of finding that administrative position was abandoned; medical leave issue; failure to provide medical certification; evidence of intent to abandon; reinstatement and back pay; attorney fee request
(fetter011205k)
(Posted: February 4th 2005)
Criminal:
Motion for discovery; statements; photographs; police evidence; lab analysis; new preliminary hearing; bill of particulars
(reid012705br)
(Posted: February 4th 2005)
Nkwenti-Zamcho vs. Pennsylvania State Education Association & Penn College Education Association
1.22.2005
William S. Kieser
Civil:
Preliminary objections; claim against union for breach of duty of fair representation; infliction of emotional distress; investigation of claims of discrimination and harassment; bad faith; obligations of parent union; elements of conspiracy claim; negligence claim by member against association
(Nkwenti-Zamcho012505k)
(Posted: February 4th 2005)
Support, Divorce:
Exceptions to spouse support, alimony pendente lite and mortgage contribution; assessment of summer earning capacity for school employee
(Murray013105g)
(Posted: February 4th 2005)
Support:
Exceptions to spouse support; assessment of full time earning capacity to spouse working part time; reasonableness of employment under circumstances; special needs child
(Myers020105g)
(Posted: February 4th 2005)
Criminal:
Motion to suppress; probable cause to arrest; erratic driving; expired registration; observation of drug distribution bag; lack of driver identification
(jenkins042403bt)
(Posted: January 29th 2005)
Criminal:
Motions to suppress; DUI; probable cause to stop; crossing center line
(rossman042403bt)
(Posted: January 29th 2005)
Support:
Retroactive modification; failure to report substantial change of income; modification limited to arrearage
(Barlow012405g)
(Posted: January 29th 2005)
Civil:
Exceptions to child support modification; jurisdiction of master; withdrawn petitions; strict enforcement of agreement on support
(Hykes012105g)
(Posted: January 29th 2005)
Support:
Exceptions to support; earning capacity; bonus money; modification; loss of job; need to file petition
(Morris010605g)
(Posted: January 21st 2005)
Administrative Appeal:
Appeal; sufficiency of tax assessment appeal document to commence class action; recusal of all county judges; financial interest in reassessment
(hill011905a)
(Posted: January 19th 2005)
Criminal:
Post conviction collateral relief petition; ineffective counsel; lack of specific information; striking all black jurors; testimony of pretrial incarceration; reconsideration of sentence
(smith011405a)
(Posted: January 19th 2005)
Criminal:
Motion to modify sentence nunc pro tunc or withdraw guilty plea; sentence outside guidelines; post conviction hearing act; prejudice; plea agreement
(campbell011805a)
(Posted: January 19th 2005)
Criminal:
Appeal
(kerstetter113004bt)
(Posted: January 17th 2005)
Divorce:
Exceptions of wife to limited duration of alimony pendente lite; short marriage; incentive to delay; possible special relief
(Waring010705g)
(Posted: January 12th 2005)
Civil:
License suspension appeal; DUI; blood test refusal; knowing & conscious decision; minimum required warning
(rickard011105a)
(Posted: January 11th 2005)
Criminal:
Motion to suppress evidence; lack of signature on search warrant; wiretap information; drug traffickers slang; inadequate affidavit of probable cause
(toner112904bt)
(Posted: January 5th 2005)
Wills and Estates:
Petition to remove administrator of estate; common law marriage; reputation of marriage; lack of evidence of marriage
(young113004bt)
(Posted: January 5th 2005)
Civil:
Preliminary objections; fire case; duty of vender in installment land contract; liability of possessor of land for dangerous condition on the land; third party beneficiary contract
(Williams120104k)
(Posted: January 5th 2005)
Civil:
Motion in limine; instruction of plaintiff's counsel to discontinue investigation; prejudicial testimony
(Simon120804k)
(Posted: January 5th 2005)
Civil:
Appeal; discovery sanctions; willful and intentional failure to comply with discovery and court orders; dismissal of action
(Vincenti121004k)
(Posted: January 5th 2005)
Criminal:
Post Conviction hearing act; sentencing issue; ineffective counsel; counseling records; timeliness
(Prince121504br)
(Posted: January 5th 2005)
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; DUI
(kelley122104bt)
(Posted: January 5th 2005)
Criminal:
Appeal; right to confront witnesses; relevant evidence; failure of defense witnesses to appear as causing lack of fair trial; lack of notice of alibi defense; ordered breath test before nonjury trial
(colvin120904bt)
(Posted: January 5th 2005)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
