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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Civil:
Motion for summary judgment; need for expert testimony on standard of care; res ipsa loquitor; sufficient fund of common knowledge; punitive damages for acts of employee
(Robbins042304k)
(Posted: April 30th 2004)
Custody:
Preliminary objections to custody complaint of grandparents; standing, venue and jurisdiction; need for a factual hearing
(Sherman042604g)
(Posted: April 30th 2004)
Adoption:
Appeal; dependency; voluntary placement by mother; father incarcerated; lack of parental care
(hill042804a)
(Posted: April 30th 2004)
Criminal:
Post Conviction Relief Act Petition; timeliness; meritorious issues; breach of contract to release from prison on a certain date; knowing and voluntary plea
(morton042604bt)
(Posted: April 27th 2004)
Criminal:
Post Conviction Relief Act Petition; not paroled as promised by attorney; timeliness
(edwards042604bt)
(Posted: April 27th 2004)
Criminal:
Appeal; motion for mistrial; reference to "defender's office"; admissibility of statements of defendant to district attorney; sentencing discretion
(walker042304a)
(Posted: April 27th 2004)
Criminal:
Motion to dismiss criminal information; attacks by dangerous dogs; compulsory joinder rule; double jeopardy
(spong042704bt)
(Posted: April 27th 2004)
Civil:
Motion for summary judgment; liability of landlord out of possession for injury to tenant; notice of defect
(hargenrader041604a)
(Posted: April 22nd 2004)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 16th 2004)
Criminal:
Post Conviction Relief Act Petition; timeliness; jurisdiction
(Mincey022604br)
(Posted: April 2nd 2004)
Criminal:
Commonwealth's motion in limine; letters from victim of violence to defendant professing love
(smith022704br)
(Posted: April 2nd 2004)
Criminal:
Oral request for release on nominal bail after jury selection; Rule 600(e);
(McCloskey030204br)
(Posted: April 2nd 2004)
Support:
Exceptions to child support; requested deviation for residing in high cost of living area
(Harriman031004g)
(Posted: April 2nd 2004)
Administrative Appeal:
Preliminary objections; condemnation for public right of way; public purposes; arbitrary and capricious decision
(South030904k)
(Posted: April 2nd 2004)
Criminal:
Appeal
(Miller030904k)
(Posted: April 2nd 2004)
Support:
Exceptions to child support; attempted rescission of an acknowledgment of paternity; petition for blood testing; clear and unambiguous statute
(Brown031504g)
(Posted: April 2nd 2004)
Administrative Appeal:
Appeal
(Piatt031704k)
(Posted: April 2nd 2004)
Support:
Exceptions to child support; effective date; reimbursement of vehicle costs as income; health insurance
(JN031704s)
(Posted: April 2nd 2004)
Civil:
Appeal; declaratory judgment action; notice to municipality of claim; minority of plaintiff tolling notice requirement; constructive notice; specificity of pleading
(Richards031704k)
(Posted: April 2nd 2004)
Garrett Cochran Post 1 American Legion Home Association & Old Lycoming Township Volunteer Fire Company vs. McQuillen
3.17.2004
William S. Kieser
Civil:
Motion for summary judgment; conversion by small game of chance operators; circumstantial evidence; agency; constructive trust; fraudulent transactions
(OLV-GCLP031704k)
(Posted: April 2nd 2004)
Support, Divorce:
Interpretation of postnuptial agreement; intent to waive spousal support
(liberti032504g)
(Posted: April 2nd 2004)
Divorce:
Exceptions to master's report; alimony pendente lite; deviation from guidelines based on need; health insurance contribution
(Voneida030904g)
(Posted: April 2nd 2004)
Criminal:
Post conviction hearing act petition; modification of sentence; issues of fact; defendant is "changed person"
(Montgomery030504br)
(Posted: April 1st 2004)
Criminal:
Petition for leave to file appeal nunc pro tunc; post conviction relief act as exclusive remedy
(Wells030804br)
(Posted: April 1st 2004)
Criminal:
Appeal; waiver; rule 1925(A) statement
(walker030904a)
(Posted: April 1st 2004)
Criminal:
Post sentence motions; juvenile charged as adult; transfer after conviction; conduct after conviction
(heffner030904a)
(Posted: April 1st 2004)
Criminal:
Appeal; merger of receiving stolen property and retail theft offenses; theft of merchandise and display
(Lookenhouse031004br)
(Posted: April 1st 2004)
Criminal:
Motion to suppress evidence; reasonable and articulable grounds to stop for traffic violation
(McPherson031204br)
(Posted: April 1st 2004)
Criminal:
Motion to dismiss for delay; rule 600; failure of defendant to object to Commonwealth continuance request
(leech031604bt)
(Posted: April 1st 2004)
Civil:
Motion for summary judgment; claims against merchant for failure to warn of dangers and failure to test; notice of particular need of buyer; recommendations by merchant; fact issue; duty of merchant to test
(hall032304a)
(Posted: April 1st 2004)
Criminal:
Motion to withdraw as counsel; prejudice to defendant; post-sentence motion; claim of ineffective assistance of counsel in post-sentence proceeding
(illes033004br)
(Posted: April 1st 2004)
Criminal:
Motion to dismiss; timely sentencing; prejudice; mere uncertainty
(knosp032604bt)
(Posted: March 29th 2004)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 25th 2004)
Criminal:
Commonwealth's motion to reconsider; Rule 600 violation; failure of Commonwealth attorney to appear for hearing because of confusion about schedule
(Greenawalt031604bt)
(Posted: March 17th 2004)
Criminal:
Omnibus pretrial motion; evidence of other crimes; character evidence; comments evidencing malice; alibi notice; discovery request
(illes010804br)
(Posted: March 16th 2004)
Dixon A.C. & R. Corporation vs. Kibbe and Trojan Tube and Fabrication Company
2.5.2004
William S. Kieser
Civil:
Preliminary objections; restrictive covenant; allegation of wrongful conduct of new employer; pleading fraud
(Dixon020504k)
(Posted: March 12th 2004)
Dixon A.C. & R. Corporation vs. Kibbe and Trojan Tube and Fabrication Company
2.18.2004
William S. Kieser
Civil:
Preliminary injunction; restrictive covenant; immediate and irreparable harm; incident to employment agreement; consideration; reasonableness of the restrictions; assignment
(Dixon021804k)
(Posted: March 12th 2004)
Civil:
Preliminary objection; venue; place payment is due
(robinson030504a)
(Posted: March 8th 2004)
Civil:
Motions to set aside/confirm arbitrator's award; Federal Arbitration Act; circumstances for vacation of award; correctness of arbitrators legal rulings
(amway030304a)
(Posted: March 8th 2004)
Criminal:
Motion to reconsider suppression; appeal filed; jurisdiction of the trial court; question of how decision terminates or substantially hampers prosecution
(kramer020204a)
(Posted: March 1st 2004)
Divorce:
Petition for special relief; survivorship benefit in pension plan to secure debt; limiting retirement options
(Brown020204g)
(Posted: March 1st 2004)
Civil:
Preliminary objections; tortuous interference and breach of contract claim; third party beneficiary; conspiracy; facts supporting claim
(Vincent020404k)
(Posted: March 1st 2004)
Support:
Modification of child support agreement contained in separation agreement; changed circumstances; remand to master
(Quigel020504g)
(Posted: March 1st 2004)
Support:
Exceptions to child and spouse support; earning capacity; income determination based on pay stub rather than W-2 form
(Sheehan021304g)
(Posted: March 1st 2004)
Support:
Exceptions to child support; child's social security benefits; consideration of sabbatical expenses; deviation; health insurance obligation
(Clark021304g)
(Posted: March 1st 2004)
Support:
Exceptions to child and spouse support; calculation
(Bayza021804g)
(Posted: March 1st 2004)
Criminal:
License suspension appeal; DUI; consent to submit to blood test; sufficiency of the sample; medical evidence demonstrating physical inability to provide blood sample
(Moriarity021904k)
(Posted: March 1st 2004)
Support:
Exceptions to child support; support calculation; oral modification of agreement; waiver
(Counsil022304g)
(Posted: March 1st 2004)
Support:
Exceptions to child support; determination of income; deduction for payment to spouse under contract; health insurance reimbursement; equalization of incomes
(Griffin022404g)
(Posted: March 1st 2004)
Criminal:
Motions in limine; admissibility of speculative blood test report; defense lawyer as witness
(kramer030104a)
(Posted: March 1st 2004)
Criminal:
Petition for habeas corpus; simple assault by physical menace; threats accompanying spraying with unknown liquid, which was found to be water
(walker013004bt)
(Posted: February 26th 2004)
Criminal:
Commonwealth's motion to amend search warrant application where court neglected to sign the warrant but did seal the warrant; finding of probable cause
(toner020504bt)
(Posted: February 26th 2004)
Criminal:
Motion to suppress evidence; child pornography; probable cause to search; legality of entry into apartment by landlord
(wheelock022504bt)
(Posted: February 26th 2004)
Criminal:
Motion to quash subpoena of custody mediator; subjects of testimony; exception to privilege for threats of bodily injury; interplay between defendant's constitutional rights and statutory privilege; relevance of lack of threats
(Illes020504br)
(Posted: February 25th 2004)
Criminal:
Omnibus pretrial motion; motion in limine; admissibility of mtDNA evidence; Frye hearing
(illes010604br2)
(Posted: February 23rd 2004)
Criminal:
Motion to exclude phone conversations
(illes010604br3)
(Posted: February 23rd 2004)
Criminal:
Motion for discovery of handwritten notes
(illes010604br)
(Posted: February 23rd 2004)
Criminal:
Commonwealth's motion for reconsideration; production of grand jury transcripts; inherent power of court to monitor the progression and flow of case
(illes010704br)
(Posted: February 23rd 2004)
Criminal:
Motion for reconsideration of order concerning grand jury transcripts; eliminating or parsing out sections of testimony
(illes011304br)
(Posted: February 23rd 2004)
Civil:
Preliminary objections; underinsured motorist coverage waiver; required waiver language; substantial compliance; insurance department approval; remedy
(scott011504br)
(Posted: February 23rd 2004)
Criminal:
Commonwealth request to use preliminary hearing testimony; availability of witness; full and fair opportunity to cross examine witness
(Illes020904br)
(Posted: February 23rd 2004)
Criminal:
Motion to compel; psychologist privilege; no patient relationship
(Illes021004br)
(Posted: February 23rd 2004)
Criminal:
Motion to quash subpoena of state police records concerning internal affairs investigation, medical and psychological evaluation or treatment, and benefit information
(illes012804br)
(Posted: February 23rd 2004)
Criminal:
Pretrial motion; murder case; habeas corpus; prima facie evidence; probable cause for search warrant; Frye test; expert testimony; bullet lead analysis; medical treatment exception to hearsay rule; discredited evidence; suppression of garbage evidence
(Illes121703br)
(Posted: February 12th 2004)
Criminal:
Supplemental omnibus pretrial motion
(Illes121803br)
(Posted: February 12th 2004)
Criminal:
Suppression motion; waiver of right to counsel; custodial interrogation; discovery; search
(Illes122903br)
(Posted: February 12th 2004)
Support:
Exceptions to child and spouse support; earning capacity; need to establish clientele as hair stylist; lack of grounds nullify spouse support award
(haugen020404a)
(Posted: February 10th 2004)
Adoption:
Appeal; termination of parental rights; smiling as evidence of mother/child bond; best interests of the child
(webster020404a)
(Posted: February 9th 2004)
Administrative Appeal:
Appeal from denial of extension of permit; mistake of law; estoppel by reliance; need for affirmative misrepresentation; "construction begun" defined
(asel020404a)
(Posted: February 9th 2004)
Divorce:
Divorce; failure to execute affidavit of consent; conversion of support to alimony pendente lite; dismissal of divorce complaint
(fowler100603s)
(Posted: February 2nd 2004)
Criminal:
Post sentencing motion - motion for new trial; assault and theft; failure of juror to disclose acquaintance with jurors; failure of voir dire; waiver
(Zink011204k)
(Posted: February 2nd 2004)
Wills and Estates:
Appeal; objections to auditor's report; reasonableness of attorney and executor fees; executor's errors; payment of objector's attorney fees by estate; objector's due process rights
(Wright012304g)
(Posted: February 2nd 2004)
Support:
Exceptions to child support; hold pending workers compensation claim resolution; arrearage
(zika012004a)
(Posted: January 30th 2004)
Support:
Exceptions to child support; support calculation; shared custody situation; income determination; income tax refund
(lorson012904a)
(Posted: January 30th 2004)
Civil:
Motion to compel answers to discovery; contract case; discovery concerning damages; specificity of answers; trial date moved
(regscan012804a)
(Posted: January 30th 2004)
Support:
Exceptions to child support; earning capacity; earning calculation; documentation of medical expenses
(lange012004a)
(Posted: January 28th 2004)
Support:
Exceptions to spouse support; medical expenses; income calculation; evidence of separate estate
(conway012704a)
(Posted: January 28th 2004)
Criminal:
Omnibus pretrial motion; suppression; murder case; rule 600 violation; dismissal not motivated by bad faith; prejudice of time passage; violation of police jurisdiction act; statements made to fellow inmates; weight of evidence
(kramer010904a)
(Posted: January 22nd 2004)
Criminal:
Motion for Post Conviction Collateral Relief; drug case; plea agreement
(mcgrath010804a)
(Posted: January 22nd 2004)
Civil:
NOTE: See Nationwide v. Moustakidis, 830 A.2d 1288 (Pa.Super. 2003) -[Motion to compel arbitration; effect of release; legal right to recover damages]
(peluso111303br)
(Posted: January 16th 2004)
Support:
Exceptions to child support; retroactivity; modification for failure to report increase of income
(harlan010804a)
(Posted: January 14th 2004)
Divorce:
Exceptions to alimony pendente lite award
(saltsgiver010804a)
(Posted: January 14th 2004)
Kirkwood vs. Firetree LTD., a corporation, t/d/b/a Conewago Place and Conewago Place, a corporation
12.30.2003
Kenneth D. Brown
Civil:
Motion for summary judgment; assault and battery of employee - negligent hiring and supervision; statute of limitations; coordinate jurisdiction rule; procedural posture; discovery rule
(Kirkwood123103br)
(Posted: January 7th 2004)
Criminal:
Petition for post conviction relief; assault case; ineffective counsel; knowing waiver of right to testify; preservation of evidence; sequestration of witnesses
(Miller123103k)
(Posted: January 6th 2004)
Civil:
Motion for judgment on the pleadings; notice of anticipated claims; 6 month limitation; minor's claim; actual or constructive notice
(Richards121103k)
(Posted: January 5th 2004)
Welch vs. Finn, Lock Haven Hospital, Bhavsar, Eister, Weber, Susquehanna Health System Provider Network & Williamsport Hospital
12.15.2003
William S. Kieser
Civil:
Motion for summary judgment; medical malpractice case; expert testimony from qualified expert; 40 P.S. Section 1303.511; sufficient education, training, knowledge and experience
(Welch121503k)
(Posted: January 5th 2004)
Criminal:
Post Conviction Relief Act Petition; timeliness; jurisdiction; governmental interference; specificity of pleading
(Blackwell122303k)
(Posted: January 5th 2004)
Civil:
Preliminary objections; real estate transaction; misrepresentation and fraud; specificity; duty of title insurers
(McElroy123003k)
(Posted: January 5th 2004)
Criminal:
Petition for habeas corpus; prima facie case; drug delivery resulting in death; culpability; malice
(crossen121903bt)
(Posted: January 2nd 2004)
Civil:
Appeal; specific performance
(Feist122903br)
(Posted: January 2nd 2004)
Civil:
Motions for summary judgment; fact issue; landlord liability
(Beamer122903br)
(Posted: January 2nd 2004)
Civil:
Preliminary objections; specificity; corporate negligence
(Wolford123003br)
(Posted: January 2nd 2004)
Civil:
Motion for new trial; admission of negligence; accident case; jury finding of no causation; pre-existing conditions; weight of evidence
(Helmer-Hoffman123103br)
(Posted: January 2nd 2004)
Support:
Exceptions to child support; determination of earning capacity
(miller122203a)
(Posted: December 22nd 2003)
Support:
Exceptions to child support; obligations to other children; worker's compensation
(vann121203a)
(Posted: December 12th 2003)
Support:
Exceptions to child support; pre-school expense; reasonable need
(patetta121203a)
(Posted: December 12th 2003)
Civil:
Motion for judgment on the pleadings; statute of limitations; permanent or temporary and recurring injuries
(schappell120903br)
(Posted: December 9th 2003)
Custody, Support:
Petition to assume jurisdiction and to enforce agreement; Intrastate Family Support Act; res judicata
(salvucci120303a)
(Posted: December 8th 2003)
Civil:
Non jury trial verdict; replevin; artisan's lien; use of sheriff's sale to circumvent property interest
(Feaver120803br)
(Posted: December 8th 2003)
Civil:
Preliminary objections; failure to appeal zoning violation; conclusive determination; subject matter jurisdiction; waiver
(Piatt111903k)
(Posted: December 5th 2003)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
