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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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)
Civil:
Appeal; jurisdiction of court to enforce order after appeal
(Little122304k)
(Posted: January 5th 2005)
Criminal:
Motion to suppress evidence; pat down for weapons; inevitable discovery after arrest
(Johnson120204br)
(Posted: January 3rd 2005)
Criminal:
Motion to suppress; chain of custody in drug case; drugs sent to lab using UPS; lack of evidence of tampering
(Mitchell120204br)
(Posted: January 3rd 2005)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of peeping offense
(Hughes120204br)
(Posted: January 3rd 2005)
Criminal:
Motion to dismiss; subsequent prosecution; knowledge of prosecutor of other offenses at time of prosecution
(Turner100804br)
(Posted: January 3rd 2005)
Bogaczyk vs. Patterson, Cavanagh; Susquehanna Health System and Susquehanna Physicians Services
12.21.2004
Kenneth D. Brown
Civil:
Post trial motion; evidence to support ostensible agency and corporate liability claims; waiver of objections; collateral estoppel; judicial notice; weight of the evidence; credibility of experts
(Bogaczyk122104br)
(Posted: January 3rd 2005)
Support:
Support; testimony on ability to work; nurse practitioner; qualifications as expert witness; scope of expert testimony; admissibility of medical records without testimony
(Miller123004g)
(Posted: December 29th 2004)
Civil:
Request for reconsideration of denial of constructive trust; petition of child to intervene in divorce; use of TAP & Scholars Choice accounts by spouse; intervention on unproven and vaguely stated claim
(Ecker121504g)
(Posted: December 15th 2004)
Civil:
Motion to compel discovery; discoverability of insurance policy
(baer121004a)
(Posted: December 10th 2004)
Support:
Appeal; contempt order; child support; denial of stay; in forma pauperis status affecting duty to pay support; claim of nurturing parent status; impossible purge conditions
(Penman121004g)
(Posted: December 10th 2004)
Divorce:
Exceptions to alimony pendente lite; assessment of earning capacity; part-time work; one time payments
(Jennings120604g)
(Posted: December 9th 2004)
Criminal:
Motion to suppress; police jurisdiction; hot pursuit; probable cause
(Lynn112404br)
(Posted: November 24th 2004)
Civil:
Petition to set aside lis pendens; alleged fraudulent transfer to avoid judgment; interest in real property; prejudice
(Wolfe112304k)
(Posted: November 23rd 2004)
Support, Divorce:
Exceptions to child support and alimony pendente lite; deductions from income; duty of master to enforce tax code; allocation of tax refund
(Bullock112404g)
(Posted: November 23rd 2004)
Civil:
Motion for reconsideration of grant of demurrer; Unfair Trade Practices & Consumer Protection Law; fraudulent oral representations; "catch-all" provision
(Petcavage11182004g)
(Posted: November 18th 2004)
Criminal:
Appeal; petition for post conviction relief; valid guilty plea; attempt to limit penalty
(simms111604a)
(Posted: November 16th 2004)
Criminal:
Motion to dismiss; collateral estoppel; co-defendant acquittal
(Mull111504br)
(Posted: November 15th 2004)
Civil:
Motion for judgment on the pleadings; interpretation of contract; contract surviving death of party; specific performance
(Berfield111504k)
(Posted: November 15th 2004)
Criminal:
Post conviction hearing act petition; withdrawal of appearance; merit of issues; timeliness
(HOY111004bt)
(Posted: November 10th 2004)
Civil:
Motion for summary judgment; underinsurance claim; "occupying" vehicle; vehicle oriented; pedestrian
(Flynn111004k)
(Posted: November 10th 2004)
Everett Cash Mutual Insurance Company vs. Gibble; Gibble vs. Everett Cash Mutual Insurance Company vs. Perry & Perry
11.9.2004
Dudley N. Anderson
Civil:
Appeal
(everettcash110904a)
(Posted: November 9th 2004)
Custody:
Grandparent claim for primary physical custody; best interest of child; competing interests of parent
(Coffman110304g)
(Posted: November 5th 2004)
Administrative Appeal:
Appeal; repeat DUI offender; authority of PaDOT to require interlock device where sentencing order did not
(nicholas110204a)
(Posted: November 5th 2004)
Miller vs. Purcell, Burns, Susquehanna Gastroenterology Assoc., Nicolas & Lock Haven Hospital
11.3.2004
Dudley N. Anderson
Civil:
Non pros petitions; certificate of merit requirement; separate filings
(miller110304a)
(Posted: November 5th 2004)
Criminal:
Appeal
(hoffman110204a)
(Posted: November 5th 2004)
Support:
Exceptions to child support; income assessment; disabled parent; assignment of corporate profit to stock owner
(Eakin110304g)
(Posted: November 4th 2004)
Criminal:
Petition for writ of habeas corpus; drug case
(gainey080904bt)
(Posted: November 3rd 2004)
Divorce:
Exception to denial of alimony pendente lite; inconsistency in decisions; income assessment; actual earnings or earning capacity; self employed individuals
(Counsil100704g)
(Posted: November 3rd 2004)
Criminal:
Motion to suppress; knowing and voluntary consent to search;
(Williams110204br)
(Posted: November 2nd 2004)
Civil:
Motion for judgment on the pleadings; general denial; contract claim; reading pleading as a whole
(Montour110204k)
(Posted: November 2nd 2004)
Civil:
Appeal; effectiveness of counsel; withdrawal of guilty plea; legality of sentence
(Koch090401br)
(Posted: November 1st 2004)
Adoption:
Petition for termination of parental rights; medical neglect, poor hygiene & lack of supervision; lack of housing; foster care; failure to perform parental duties
(haywood92404bt)
(Posted: November 1st 2004)
Criminal:
Petition for transcript; no demonstrated need for transcript
(Tibbs100804br)
(Posted: November 1st 2004)
Civil:
Motion to compel pre-complaint discovery; need of discovery to prepare complaint
(McMillin100504k)
(Posted: November 1st 2004)
Criminal:
Motion to consolidate; prejudice; admissibility of co-defendant's exculpatory evidence
(Mull101104br)
(Posted: November 1st 2004)
Criminal:
Motion to withdraw guilty plea; fair & just reason; knowledge of possible sentencing range; prior New York offense; Commonwealth's case presented at trial prior to plea
(WHEELOCK100804br)
(Posted: November 1st 2004)
Adoption:
Termination of parental rights; failure or refusal to perform parental duties; needs and welfare of children for permanency and stability; unstable and promiscuous lifestyle
(gtermination100504br)
(Posted: November 1st 2004)
Criminal:
Petition for habeas corpus; motion to suppress; warrantless seizure of vehicle
(Fenstramaker101404br)
(Posted: November 1st 2004)
Criminal:
Motion to withdraw nolo contendere plea; assertion on innocence; DUI case
(Hinaman101304br)
(Posted: November 1st 2004)
Civil:
Preliminary objections; negligent entrustment; duty to prevent intoxicated person from driving; controlling another's behavior
(Cohick101104k)
(Posted: November 1st 2004)
Civil:
Motion in limine; vehicle accident case; recoverable medicals and wages; denial of coverage; peer review process
(Eberhart101804k)
(Posted: November 1st 2004)
Lobar, Inc. vs. Lycoming Masonry, Inc. vs. Murray Associates Architects, P.C.
10.26.2004
Dudley N. Anderson
Civil:
Appeal
(lobar102604a)
(Posted: November 1st 2004)
Civil:
Appeal
(kinley102604a)
(Posted: November 1st 2004)
Criminal:
Petition for habeas corpus; drug case; prima facie case
(Harris102804br)
(Posted: November 1st 2004)
Support:
Exceptions to spouse support; actual income or earning capacity; truck driver; calculating earnings and deductible expenses
(hull102704g)
(Posted: October 27th 2004)
Support:
Modification of child support agreement approved by court; changed circumstances; no changed circumstances; requested increase
(Mertes102604g)
(Posted: October 26th 2004)
Support, Divorce:
Reconsideration; calculation of spousal support and alimony pendente lite
(Rafferty100504g)
(Posted: October 8th 2004)
Criminal:
Motion to dismiss; double jeopardy; mistrial granted on motion of defendant; prosecutorial misconduct
(hoffman100604a)
(Posted: October 8th 2004)
Civil:
Motion for summary judgment; horse bite case; proof of knowledge of vicious propensities
(kinley100504a)
(Posted: October 6th 2004)
Civil:
Appeal
(regscan092804a)
(Posted: October 5th 2004)
Criminal:
Appeal; drug case; sufficiency of the evidence; prior record score calculation; school zone enhancement
(snyder092904bt)
(Posted: October 5th 2004)
Criminal:
Appeal; waiver of issues; sentence exceeded plea agreement; lack of jurisdiction to allow withdrawal of plea
(stahl100104bt)
(Posted: October 5th 2004)
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
9.30.2004
William S. Kieser
Civil:
Modification of opinion of 06/10/2004; monetary value of services in wrongful death
(Blair92004k)
(Posted: September 30th 2004)
Criminal:
Appeal; sentencing issue; "2 strikes provision"; judge's discretion; right to jury determination; increase of minimum sentence
(McCloskey092204br)
(Posted: September 30th 2004)
Everett Cash Mutual Insurance Company vs. Gibble; Gibble vs. Everett Cash Mutual Insurance Company vs. Perry & Perry
9.29.2004
Dudley N. Anderson
Civil:
Motion for post trial relief; relevancy of expert opinion of insurance best claims practices; common law insurance bad faith claim
(everettcash092904a)
(Posted: September 30th 2004)
AVCO Corporation/Textron Lycoming vs. Interstate Forging Industries, Inc., Citations Wisconsin Forging, LLC, Citation Corporation
9.30.2003
William S. Kieser
Civil:
Motion for summary judgment; timeliness of response; local rule L1035; rescission of local rule; failure of LLA Web site to remove reference
(AVCO093004k)
(Posted: September 28th 2004)
Criminal:
Motion in limine and for discovery; sexual assault case; Children & Youth family file; treating psychiatrist file; rape shield law; evidence of other sexual contact with victim
(Gephart092104br)
(Posted: September 21st 2004)
Civil:
Appeal; statute of limitations pertaining to contempt petition; hearsay; survey not offered for the truth
(Newtribes092104br)
(Posted: September 21st 2004)
Civil:
Appeal; sanction for refusal to appear for deposition; contempt; dismissal of case; purge conditions; appellate jurisdiction; interlocutory order
(Little091604k)
(Posted: September 20th 2004)
Support:
Exceptions to support; earning capacity assessment; minimum wage vs. management salary
(Rafferty091604g)
(Posted: September 20th 2004)
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
9.10.2004
William S. Kieser
Civil:
Preliminary objections; relitigation of undecided objections to complaint that was mooted by amendment; law of case; parent's damages for death of child; punitive damages
(Blair091004k)
(Posted: September 16th 2004)
Support:
Exceptions to support; entitlement; voluntary initiation of separation
(Buttorff091004g)
(Posted: September 16th 2004)
Criminal:
Motion for correction of illegal sentence; post conviction hearing act petition; timeliness; jurisdiction
(Phillips091004br)
(Posted: September 16th 2004)
Support:
Exceptions to support; credits toward child support obligation; failure of master to follow court directive; failure of evidence
(Brunson090704k)
(Posted: September 13th 2004)
Support:
Exceptions to child support; nurturing parent status; earning capacity; voluntary termination of employment affecting support obligation
(Penman090804g)
(Posted: September 9th 2004)
Criminal:
Omnibus pre-trial motion; refiling criminal complaint; rule 544; prejudice; missing witnesses; prima facie case of delivery of drugs; search & seizure
(Mull090704br)
(Posted: September 8th 2004)
Civil:
Appeal; request to set aside execution sale; notice; posting issue; adequacy of price
(transfer083104g)
(Posted: September 3rd 2004)
Criminal:
Post conviction relief act petition; effectiveness of counsel; authority to file suppression motion; failure to file rule 600 motion; guilty plea; right to appeal
(lewis090204bt)
(Posted: September 3rd 2004)
Criminal:
Motion for new trial; DUI; court reply to jury question; blood test relation back evidence
(almestica090304bt)
(Posted: September 3rd 2004)
Civil:
Motion for sanctions; violation of rule 1023.1; motion to amend to add RICO claim; scurrilous allegations; claims not warranted by existing law; lack of evidence; pattern of activity
(regscan083104a)
(Posted: September 3rd 2004)
Criminal:
Petition for habeas corpus; drug case; accomplice; mere presence
(Monroe082704br)
(Posted: August 30th 2004)
Semo, Hinkle & Recla vs. Bausch, Walnut Street Securities, Inc. & Commonwealth Equity Services, Inc.
6.29.2004
Kenneth D. Brown
Civil:
Preliminary objections; statute of limitations; affirmative defense; sufficiency of class action allegations; standing
(Semo062904br)
(Posted: August 27th 2004)
Criminal:
Omnibus pretrial motion; drug case; writ of habeas corpus; prima facie evidence; probable cause for search warrant; suppression; discovery
(Uzosike063004br)
(Posted: August 27th 2004)
In re: Condemnation by Duboistown of South Williamsport School District Property
6.30.2004
Kenneth D. Brown
Civil:
Preliminary objections; declaration of taking of school district property; public character of land; no longer used as school; required advertisement of declaration of taking; scope of resolution
(Duboistown063004br)
(Posted: August 27th 2004)
Criminal:
Motion to suppress evidence; blurted out statements; waiver of Miranda rights; confusion involving implied consent warning
(Harris071204br)
(Posted: August 27th 2004)
Criminal:
Petition for writ of habeas corpus; sufficient evidence of intent to kill
(Johnson071404br)
(Posted: August 27th 2004)
Criminal:
Motions to suppress evidence & for habeas corpus; custodial interrogation
(Dixon071404br)
(Posted: August 27th 2004)
Criminal:
Motion to suppress; reasonable inference that individual was armed & dangerous; forced abandonment
(Woodring071504br)
(Posted: August 27th 2004)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of possession of drugs with intention to deliver
(Johnson071604br)
(Posted: August 27th 2004)
Criminal:
Motion to dismiss; rule 600; due diligence of the Commonwealth
(Faison072704br)
(Posted: August 27th 2004)
Civil:
Motion for reconsideration; strike/open judgment entered as discovery sanction
(Vincenti080504k)
(Posted: August 27th 2004)
Adams vs. Trevouledes, East Lycoming Surgical Associates, Elangbaum, Penn State Geisinger Medical Group, Moreno, Mellencamp, Susquehanna Imaging Associates, Muncy Valley Hospital, Susquehanna Health Systems
8.5.2004
William S. Kieser
Civil:
Preliminary objections; medical malpractice; interpretation of Malpractice Act; informed consent for anesthesia; separate counts; specificity; objections to new matter; conclusions not supported by facts; pleading statutory defenses; Guaranty Assn.
(Adams080504k)
(Posted: August 27th 2004)
Civil:
Motion for summary judgment; auto accident; limited tort; serious injury; need for expert testimony; sufficiency of subjective evidence
(Hubbard080504k)
(Posted: August 27th 2004)
Criminal:
Motion to suppress; traffic stop; mere flight establishing probable cause; reasonable suspicion; violation of Pa. Constitution
(almestica080904bt)
(Posted: August 27th 2004)
Criminal:
Motion to suppress; drug case; search and seizure; plain feel doctrine; reasonable suspicion of criminal activity
(graham081004bt)
(Posted: August 27th 2004)
Favors vs. West Branch Drug & Alcohol Abuse Commission, Firetree, Inc. & Crossroads, Inc.
8.9.2004
Kenneth D. Brown
Civil:
Appeal; pro se complaint; preliminary objections; multiple attempts to amend; pleading legal jargon; failure to file certificate of merit in professional negligence case
(Favors080904br)
(Posted: August 27th 2004)
Criminal:
Appeal; Post Conviction Relief Act petition; conflict counsel; petition to appeal nunc pro tunc
(Wells081104br)
(Posted: August 27th 2004)
Support, Divorce:
Exceptions to child support; support obligation where child is at free boarding school; earning capacity; alimony pendente lite; short term marriage
(Harry081004k)
(Posted: August 27th 2004)
Custody, Support, Divorce:
Annulment request; fraud; pregnancy; untrue statement about paternity; paternity by estoppel
(Wisser081204g)
(Posted: August 27th 2004)
Civil:
Motion for summary judgment; failure to remove reference to debt in credit record; Fair Credit Reporting Act preemption; statute of limitations; punitive damages; non pros
(Anderson081704k)
(Posted: August 27th 2004)
Support:
Child support complaint; custody of severely retarded child; deviation because of assets of child; medical insurance
(Miller081204K)
(Posted: August 27th 2004)
Support:
Remand from appeal court; mitigation of lost income after voluntary job termination; use of actual income to calculate support
(Ewing081304k)
(Posted: August 27th 2004)
Support, Divorce:
Child support; alimony pendente lite; reasonable voluntary reduction in income; calculations
(Fiester081604k)
(Posted: August 27th 2004)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
