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 child support; earning capacity; earning calculation; employment expense; second home
(moore080604a)
(Posted: August 18th 2004)
Criminal:
Appeal; denial of transfer to juvenile court; subject matter jurisdiction; bill of particulars; prosecutorial misconduct;; specificity of criminal information
(heffner081104a)
(Posted: August 18th 2004)
Criminal:
Petition for writ of habeas corpus; jurisdiction to modify order; timeliness
(blackwell072204k)
(Posted: August 9th 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
7.28.2004
William S. Kieser
Civil:
Motion in limine; expert testimony; amplification of existing cause of action
(Adams072804k)
(Posted: August 9th 2004)
Support:
Appeal; issues for remand to master; full and fair opportunity to litigate; interlocutory order
(Wicks070104g)
(Posted: August 3rd 2004)
Criminal:
Omnibus pre-trial motion; suppression; Miranda rights; double jeopardy; contempt in protection from abuse case
(boyles071204bt)
(Posted: July 30th 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
7.22.2004
William S. Kieser
Civil:
Motion for leave to amend complaint; medical malpractice case; vicarious liability claim against hospital; new cause of action; statute of limitations
(Blair072204k)
(Posted: July 28th 2004)
Civil:
Motion for summary judgment; wrongful death case; condition of property; landlord out of possession; nuisance per se for code violation; reserved control; duty to make repairs; fact issues
(Burfield072304k)
(Posted: July 28th 2004)
Custody:
Petition for emergency relief; custody issue; parent's desired relocation to Texas; desires of the children; improved quality of life for children and parent; contingent grant of primary custody
(Kurtz071604g)
(Posted: July 28th 2004)
Support, Divorce:
Calculation of support and alimony pendente lite; earning capacity vs. actual earnings; no recent job termination; discretion of court; consideration of all relevant factors
(Mink071604g)
(Posted: July 28th 2004)
Criminal:
Motion to suppress; search and seizure; reasonable suspicion of criminal activity; forced abandonment
(burden072104bt)
(Posted: July 28th 2004)
Lobar, Inc. vs. Lycoming Masonry, Inc. vs. Murray Associates Architects
7.20.2004
Dudley N. Anderson
Civil:
Motions for summary judgment; breach of contract and estoppel case; contractor's reliance on subcontractor's bid; reasonableness of reliance; material changes to the specifications; fact issues for jury
(lobar072004a)
(Posted: July 28th 2004)
Civil:
Motion for summary judgment; contract case; issue of gift versus loan
(best070904a)
(Posted: July 28th 2004)
Civil:
Motion for summary judgment; breach of admission agreement signed as representative of another; third party guarantee as a condition of admission; Nursing Home Reform Act
(hcrmanorcare071604a)
(Posted: July 28th 2004)
Criminal:
Motion for reconsideration; petition for writ of habeas corpus for credit for time served; notice
(pasters071304a)
(Posted: July 28th 2004)
Custody:
Petition to return children to public school; custody issue; home schooling vs. public education; quality of home schooling program
(winton071304g)
(Posted: July 28th 2004)
Civil:
Appeal; dissolution of a partnership; exceptions to master's report; request for remand for additional evidence
(Wicks072804k)
(Posted: July 28th 2004)
Everett Cash Mutual Insurance Company vs. Gibble; Gibble vs. Everett Cash Mutual Insurance Company vs. Perry & Perry
7.6.2004
Dudley N. Anderson
Civil:
Non jury trial verdict; insurance dispute; bad faith claim; reasonableness of company's response to loss claim
(everettcash070604a)
(Posted: July 13th 2004)
Civil:
Motion for summary judgment; damages for failure to secure insurance coverage; actual loss; foreseeability of loss of income
(Elder062804k)
(Posted: July 6th 2004)
Support:
Exceptions spouse support; calculation
(Bowers063004g)
(Posted: July 6th 2004)
Support:
Petition to establish paternity; intact marriage; presumption of paternity; paternity by estoppel
(Bowersox063004g)
(Posted: July 6th 2004)
Criminal:
Motion to suppress; robbery; validity of vehicle stop; reasonable suspicion
(flippen052704br)
(Posted: June 30th 2004)
Criminal:
Post conviction relief act petition; timeliness; newly discovered evidence; failure to specify; waiver; prejudice; prior litigation; compliance with witness certification requirement
(Ford052804br)
(Posted: June 30th 2004)
Criminal:
Petition for post conviction collateral relief; timeliness; previously litigated issues; meritless issues
(Harvey061004br)
(Posted: June 30th 2004)
Berninger vs. Pierce, Pierce, La Chic Total Image Salon, Inc., Bower & Bower
6.25.2004
Kenneth D. Brown
Civil:
Preliminary objection; joinder of equity and law actions; punitive damages; attorney fees; specific pleading
(Berninger062504br)
(Posted: June 30th 2004)
Civil:
Equity adjudication; easement; infringement on right-of-way; gate obstruction; injunction and damages
(Pine060404k)
(Posted: June 28th 2004)
Criminal:
Appeal; theft; sufficiency of the evidence; ineffective counsel; errant offense grade in information
(baines060104bt)
(Posted: June 28th 2004)
Civil:
Preliminary objections; demurrer to negligence and contract claims; causation; duty under Commercial Code; necessary party;
(Transport060804k)
(Posted: June 28th 2004)
Civil:
Petition to strike off or open judgment; proof of service not on record; effect of actual service
(NCO060704k)
(Posted: June 28th 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
6.10.2004
William S. Kieser
Civil:
Preliminary objections; specificity of allegations of negligence; recovery for loss of companionship, society, comfort, guidance, solace and protection by parent for loss of child; negligent infliction of emotional distress; punitive damages
(Blair061004k)
(Posted: June 28th 2004)
Criminal:
Amended Post Conviction Relief Act Petition; timeliness; jurisdiction
(Coffey061504k)
(Posted: June 28th 2004)
Support:
Exceptions to child and spouse support; mortgage contribution; cap on medical expense contribution; contact lenses as necessary medical expense; debt forgiveness as income; allocation between spouse and child; unfair support obligation under guidelines
(Heckman062104g)
(Posted: June 28th 2004)
Administrative Appeal:
Appeal; zoning issue; non-conforming use; nunc pro tunc appeal; waiver; enforcement action; imposition of fines
(Piatt061804k)
(Posted: June 28th 2004)
Civil:
Appeal; dismissal of frivolous complaint; RICO; standing; personal finances as property
(Hill062504k)
(Posted: June 28th 2004)
Criminal:
Appeal; evidence of prosecuting officer bias; irrelevant evidence
(sampson062804bt)
(Posted: June 28th 2004)
Criminal:
Post conviction relief act petition; parole issue
(kerstetter062804bt)
(Posted: June 28th 2004)
Criminal:
Motion for Post Conviction Collateral Relief; timeliness; availability of evidence at time of trial
(brown062804bt)
(Posted: June 28th 2004)
Civil:
Motion for judgment on the pleadings; admissions in answer; lease; parol evidence
(Petcavage062104g)
(Posted: June 28th 2004)
AVCO Corporation, on behalf of its Textron AVCO Division vs. Interstate Forging Industries, Inc., Citation Wisconsin Forging, LLC, and Citation Corporation
6.25.2004
William S. Kieser
Civil:
Motion to vacate stay; dissolution of Texas anti-suit injunction; finality of Texas appeals court decision
(AVCO062504k)
(Posted: June 28th 2004)
Wickham vs. Susquehanna Health System, Williamsport Hospital, Surgical Associates of Williamsport, Beltz, Poulis & Wolfson
6.16.2004
Dudley N. Anderson
Civil:
Motion in limine; allegations of nursing negligence; fair notice; amending complaint; statute of limitations
(wickham061604a)
(Posted: June 22nd 2004)
Criminal:
Post sentence motion; ineffective counsel; rule 600 motion; timeliness of service of arrest warrant; due diligence of police
(nixon041204bt)
(Posted: June 21st 2004)
Criminal:
Motion to dismiss for rule 600 violation; time excluded for unavailability of defendant and continuances
(Johnson041404bt)
(Posted: June 21st 2004)
Adoption:
Termination of parental rights; failure or refusal to perform parental duties; intention of parent to take greater interest in child's life in the future is not sufficient
(AMU041204bt)
(Posted: June 21st 2004)
Criminal:
Appeal; murder case; weight and sufficiency of the evidence; recusal; suppression of statements
(gray042904bt)
(Posted: June 21st 2004)
Criminal:
Motion to suppress; robbery; validity of vehicle stop; reasonable suspicion
(YAW061504bt)
(Posted: June 21st 2004)
Support:
Exceptions to modification of spouse support; change of employment; retroactivity; existence of arrearage
(Barlow061004g)
(Posted: June 14th 2004)
Support:
Exceptions to child support; determination of earning capacity; proof of disability; suspiciously low flea market income
(Moyer061104g)
(Posted: June 14th 2004)
Glimcher Properties Limited Partnership, Centura Development Co. Inc and Centura Eck Limited Partnership No. 1 vs. Chevron Texaco Corporation, Texaco, Inc. and Chevron Environmental Management Co.
6.10.2004
Dudley N. Anderson
Civil:
Preliminary objections; promise to pay for remediation of petroleum contamination; retroactive application of tank spill act; reasonable reliance on oral assurances; specificity; declaratory judgment; allegations against subsidiary corporations
(glimcher061004a)
(Posted: June 14th 2004)
Support:
Petition to terminate child support; estoppel of non-biological father to deny paternity
(wiliver041904g)
(Posted: June 10th 2004)
Criminal:
Appeal; waiver for failure to file rule 1925 statement
(bess060704a)
(Posted: June 9th 2004)
Support:
Exceptions to child support; health insurance cost; potential seasonal reduction of income; modification
(Hales060304g)
(Posted: June 8th 2004)
Support:
Exceptions to child support; adjusting income for tax refunds; deviation for total amount of support paid
(Dowling060204g)
(Posted: June 7th 2004)
Civil:
Petition to compel settlement; meeting of minds; rejection of offer by counter offer
(Myers050404k)
(Posted: June 2nd 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
5.11.2004
William S. Kieser
Civil:
Preliminary objections; negligent infliction of emotional distress & punitive damage claims
(BlairSimms051104k)
(Posted: June 2nd 2004)
Civil:
Preliminary objections; timeliness of amended complaint; third party beneficiary contract of attorney to non-client; attorney fee claim
(Wagner051104k)
(Posted: June 2nd 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
5.13.2004
William S. Kieser
Civil:
Preliminary objections to amended complaint; specificity; identification of agents in context of complaint; inclusion of "others"; corporate negligence claim; selection of competent staff
(BlairSusq051304k)
(Posted: June 2nd 2004)
Criminal:
Petition for writ of habeas corpus; jurisdiction to modify order; effectiveness of counsel impacting time requirements of PCRA petition
(Blackwell052004k)
(Posted: June 2nd 2004)
Morrison vs. Williamsport Hospital, Susquehanna Health System, Heilman & Agueros; Morrison vs. Peachy-Monaghan
5.26.2004
William S. Kieser
Criminal:
Motion to compel additional discovery; objection to subpoena of police records; placental abruption; discovery concerning assaults of mother by father during pregnancy
(Morrison052604k)
(Posted: June 2nd 2004)
Jersey Shore Area School District vs. Jersey Shore Area Education Association
5.25.2004
William S. Kieser
Civil:
Appeal from arbitration; interpretation of collective bargaining agreement; calculation of wages; attritional savings; essence test
(Jersey052604k)
(Posted: June 2nd 2004)
Criminal:
Motion to disqualify counsel; conflict of interest; former clients
(hannan052804a)
(Posted: June 2nd 2004)
Criminal:
Motion to remand for preliminary hearing; timeliness; prejudice to defense
(martin050604br)
(Posted: May 28th 2004)
KH vs. JCZ; Lycoming County Juvenile Probation Office vs. JCZ; Lycoming County Juvenile Probation Office vs. KCH
5.4.2004
Dudley N. Anderson
Support:
Amendment to child support calculation rules; previous order vacated and withdrawn
(hilferty042804a)
(Posted: May 28th 2004)
Administrative Appeal:
Petition to set aside tax sale; service; failure to attempt service at new address; actual notice; statute of limitations
(banks051804br)
(Posted: May 28th 2004)
Criminal:
Special appointment of public defender for appeal
(illes052104br)
(Posted: May 28th 2004)
Civil:
Preliminary objections; authority of one spouse to act for the other; lease agreement
(fogel052504br)
(Posted: May 28th 2004)
Support:
Exceptions to child support; earning capacity; ability to work; medical insurance; tax refund; child care expenses; tax exemptions
(hart052704a)
(Posted: May 28th 2004)
Lycoming County Juvenile Probation Office vs. JWB; Lycoming County Juvenile Probation Office vs. CAS
7.14.2003
Dudley N. Anderson
Support:
Exceptions to child support to children in placement; income; multiple family formula; tax obligation
(scampone071403a)
(Posted: May 27th 2004)
Criminal:
Motion to suppress evidence; drug case; search and seizure; investigative detention; reasonable suspicion of a crime
(williams020504bt)
(Posted: May 19th 2004)
Criminal:
Motion to suppress evidence and habeas corpus motion to dismiss; waiver preliminary hearing; focus of investigation; custodial interrogation
(colvin040704bt)
(Posted: May 19th 2004)
Criminal:
Omnibus pretrial motion; prima facie evidence of conspiracy; evidence of group action to assault victim
(snee050704bt)
(Posted: May 19th 2004)
Criminal:
Post conviction hearing act petition; motion of counsel to be permitted to withdraw; timeliness of petition
(frankhouser050704bt)
(Posted: May 19th 2004)
Everett Cash Mutual Insurance Company vs. Gibble; Gibble vs. Everett Cash Mutual Insurance Company vs. Perry & Perry
5.14.2004
Dudley N. Anderson
Civil:
Motion to preclude expert testimony; public adjuster; pecuniary interest; public policy
(everettcash051404a)
(Posted: May 18th 2004)
Criminal:
Appeal; post conviction collateral relief, waiver by failure to file concise statement of matters appealed
(bartlett051404a)
(Posted: May 18th 2004)
Support:
Exceptions to child support; child care contribution; child dependency exemption on tax return; jurisdiction to order amending tax return
(Westbrook051404g)
(Posted: May 18th 2004)
Civil:
Motion for summary judgment; liability of partner for unauthorized act of other partner
(agchem051004a)
(Posted: May 13th 2004)
KH vs. JCZ; Lycoming County Juvenile Probation Office vs. JCZ; Lycoming County Juvenile Probation Office vs. KCH
4.28.2004
Dudley N. Anderson
Support:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: May 12th 2004)
Criminal:
Renewed motion to dismiss
(greenawalt050604a)
(Posted: May 12th 2004)
Civil:
Motion for summary judgment; issues of fact; attorneys fees claim; waiver by failing to preliminarily object
(hoffman051004a)
(Posted: May 12th 2004)
Support:
Exceptions to spouse support; income calculation; master's obligation to make the inquiry complete; business income
(Wicks050704g)
(Posted: May 12th 2004)
Administrative Appeal:
License suspension appeal; knowing and conscious refusal to take chemical test; need for expert testimony on ability to give sample
(hoffman041404g)
(Posted: May 11th 2004)
Administrative Appeal:
License suspension appeal; refusal to take chemical test; reasonable grounds to believe motorist operating motor vehicle under the influence of alcohol
(hoffman041204g)
(Posted: May 11th 2004)
Administrative Appeal:
License suspension appeal; unreasonable delay in notice; prejudice
(bletz041204g)
(Posted: May 11th 2004)
Support:
Exceptions to child support; disability income; income less than $550
(Dunkelberger030804g)
(Posted: May 7th 2004)
Divorce:
Petition for reconsideration; enforcement of pre-nuptial agreement; correction of order after 30 days for patent error
(Winner050404g)
(Posted: May 5th 2004)
Criminal:
Application for public defender; authority to investigate and obtain financial information
(illes033104br)
(Posted: May 4th 2004)
Criminal:
Post conviction relief act petition; timeliness; coercion to plead guilty; written colloquy
(harman042904bt)
(Posted: May 4th 2004)
Civil:
Exceptions to special master's report; dissolution of a partnership and distribution of assets
(Wicks043004k)
(Posted: May 4th 2004)
Civil:
Appeal; waiver of venue objection by raising in new matter; interlocutory order
(Montour043004k)
(Posted: May 4th 2004)
Criminal:
Appeal; post conviction relief act petition; timeliness of petition
(Koch040604br)
(Posted: May 3rd 2004)
Criminal:
Timeliness of post-sentence motions; authority of court to extend filing date; ability of Commonwealth to waive time limit
(Tanner040604br)
(Posted: May 3rd 2004)
Criminal:
Appeal; sufficiency of evidence; terroristic threats and assault; handling a gun
(Mitchell042304br)
(Posted: May 3rd 2004)
Civil:
Motion for contempt; enforcement of settlement agreement; waiver of objections to settlement; estoppel
(NewTribes040804br)
(Posted: May 3rd 2004)
Civil:
Preliminary objections; lack of service by sheriff
(Johnson 040604k)
(Posted: April 30th 2004)
Civil:
Motion for summary judgment; intentional infliction of emotional distress; causal link to subsequent stroke; medical testimony
(Sullivan040804k)
(Posted: April 30th 2004)
Adams vs. Don Breon, Inc., Don Breon Ford/Jeep, Inc., Don Breon Collision Center, Anchor Auto II, Inc., Anchor Auto III, Inc., Donald W. Breon, Thomas Staggert, James Kanouff
4.8.2004
William S. Kieser
Civil:
Preliminary objections; claimed tort of misfeasance; gist of the claim as contract claim; sanction request
(Adams040804k)
(Posted: April 30th 2004)
Civil:
Motion for judgment on the pleadings; negligent release of loan proceeds to contractor; accord and satisfaction; statute of limitations; res judicata
(Hamilton040804k)
(Posted: April 30th 2004)
Support:
Exceptions to child and spouse support; parties dwelling in same residence; living "separate and apart"; mere lack of intimacy; failure of spouse to provide for family; reimbursement of support payments
(Smith041404g)
(Posted: April 30th 2004)
Civil:
Motion for leave to proceed in forma pauperis; frivolous claim; RICO & civil rights complaint; exclusion from public library
(Hill 041604k)
(Posted: April 30th 2004)
Dixon A.C. & R. Corporation vs. Kibbe and Trojan Tube and Fabrication Company
4.21.2004
William S. Kieser
Civil:
Appeal; preliminary injunction; consideration; alleged withdrawal of claim
(Dixon042104k)
(Posted: April 30th 2004)
Support:
En banc decision; exceptions to effective date of order decreasing child support; date of filing motion; impact of existence of arrearage
(Harlan042204eb)
(Posted: April 30th 2004)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
