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; 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)
Civil:
Sheriff's interpleader; objection to sheriff's determination of ownership of vehicle; effect of title; resulting trust
(Breisch112603k)
(Posted: December 5th 2003)
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
11.26.2003
William S. Kieser
Civil:
Preliminary objections; improper repair of automobile; liability of shareholder; attorney fee claim; pleading consequential damages; gist of the action - contract claim; civil conspiracy; pleading a contract
(Adams112603k)
(Posted: December 5th 2003)
Criminal:
Appeal; murder case; sufficiency of evidence; conspiracy; firearms offenses; waiver of issue by not objecting; conviction for 2nd and 3rd degree murder as inconsistent; demonstrative use of handgun; discriminatory intent in jury strike
(williams110703a)
(Posted: December 3rd 2003)
Support:
Exceptions to child and spouse support; calculation; income/earning capacity; unemployment compensation
(gonzalez111203a)
(Posted: December 3rd 2003)
Criminal:
Appeal; sentencing issues; waiver
(Phillips111803k)
(Posted: November 18th 2003)
Criminal:
Motion to dismiss; homicide case; former prosecution; same episode
(cannon111703a)
(Posted: November 17th 2003)
Criminal:
Motion for consolidation; prejudice; evidence of consciousness of guilt
(ambrose110703a)
(Posted: November 8th 2003)
Criminal:
Appeal; restoration of firearms rights; impact on federal rights; effect of order
(sherwood100903a)
(Posted: November 6th 2003)
Divorce:
Exceptions to child and spouse support; arrearage issue
(fowler100903a)
(Posted: November 6th 2003)
Civil:
Motion for summary judgment; contract case; issues of fact; ambiguity of contract
(Hall100603k)
(Posted: November 6th 2003)
Support:
Exceptions to child support; determination of income; business expenses
(confer100903a)
(Posted: November 6th 2003)
Wills and Estates:
Intestacy; proof of relationship to deceased; presumption of paternity; exhumation for DNA testing; reasonable cause
(Amoroso101403s)
(Posted: November 6th 2003)
Custody:
Appeal; grandparent custody; constitutionality of grandparent visitation act
(C.H.101603s)
(Posted: November 6th 2003)
Civil:
Motion in limine; cause of action for parent's consortium; compensation for loss of life; medical expenses; pain and suffering of stillborn baby; cause of bleeding; medical testimony
(Bogaczyk102903br)
(Posted: November 6th 2003)
Support:
Exceptions to child and spouse support; income/earning capacity; retirement contributions
(pendrak102303a)
(Posted: November 6th 2003)
Kremser vs. Montoursville Borough vs. Susquehanna Valley Development Group, Inc.
11.4.2003
William S. Kieser
Administrative Appeal:
Land use appeal; conditional use; authority to determine conditions attached to conditional use; interpretation of zoning ordinance
(Kremser110403k)
(Posted: November 6th 2003)
Custody:
Appeal; petition to modify custody; artificial and deceptive notice of intent to remain in Lycoming County
(Daniele110503k)
(Posted: November 6th 2003)
Criminal:
Omnibus pre-trial motion; suppression; voluntariness of statements; search and seizure; suggestive lineup; probable cause; Miranda; custody
(jennings102903a)
(Posted: November 6th 2003)
Criminal:
Appeal; waiver of issues
(fisher110503a)
(Posted: November 6th 2003)
Criminal:
Appeal
(hall110303a)
(Posted: November 6th 2003)
Little vs. Huron Insurance Company a/k/a/ Harleysville Insurance Company
11.6.2003
William S. Kieser
Civil:
Preliminary objections; motion to strike; liability of parents for negligence of son; amended complaint; mootness of preliminary objections; timeliness; deadline runs from mailing date
(Little110603k)
(Posted: November 6th 2003)
Civil:
Preliminary objections; demurrer; product liability claim; third party beneficiary contract; applicability of warranty claim in service contract; UCC warranties
(Simon110603k)
(Posted: November 6th 2003)
Criminal:
Appeal; drug case; confidential informant; evidence of prior drug convictions of informant; hearsay; "asked and answered objection"; prejudice
(coleman110603bt)
(Posted: November 6th 2003)
Bostley's Pre-School Learning Center , Inc. a/k/a/ Bostley's Child care, Susquehanna Health System & Divine Providence Hospital vs. Williamsport & Zoning Hearing Board vs. Dougherty
11.6.2003
William S. Kieser
Administrative Appeal:
Appeal; effect of official zoning map; administrative error; authority to amend zoning map
(Bostley110603k)
(Posted: November 6th 2003)
Criminal:
Appeal; withdrawal of guilty plea; sex offenses; fair and just reason; prejudice
(miller082803a)
(Posted: October 3rd 2003)
Civil:
Preliminary objections; informed consent; acid peel; chemotherapy; narrow interpretation of statute
(Roy090303br)
(Posted: October 3rd 2003)
Criminal:
Post Conviction Relief Act Petition; timeliness; exception for facts unknown to petitioner; interference by government officials; qualification to file petition without prison sentence
(Farmer090203br)
(Posted: October 3rd 2003)
Support:
Exceptions to child support; determination of income; consideration of custody arrangement
(shnyder090503a)
(Posted: October 3rd 2003)
Support:
Exceptions to child support; determination of earning capacity; lump sum payments; tax obligations; health insurance
(forker090503a)
(Posted: October 3rd 2003)
Criminal:
Petition for habeas corpus; escape; house arrest
(hart090503a)
(Posted: October 3rd 2003)
Criminal:
Motion for reconsideration of sentence; timeliness; applicability of Ignition Interlock Device Act
(sanchez090903a)
(Posted: October 3rd 2003)
Criminal:
Appeal; DUI; sufficiency of evidence
(Bartley091503a)
(Posted: October 3rd 2003)
Civil:
Motion for summary judgment; fact issues based on expert testimony
(Goehrig091603br)
(Posted: October 3rd 2003)
Support:
Exceptions to child and spouse support; earning capacity; hearsay evidence
(padilione091703a)
(Posted: October 3rd 2003)
Criminal:
Appeal; admission of photographs of victim; prejudice
(smith092403a)
(Posted: October 3rd 2003)
Support:
Exceptions to spouse support; mortgage contribution; earning capacity; disability benefits
(borger092603a)
(Posted: October 3rd 2003)
Support:
Exceptions to spouse support; mortgage , tax and insurance payment; income calculation
(stroble092603a)
(Posted: October 3rd 2003)
Civil:
Motion in limine and motions for summary judgment; res ipso loquitor; shared responsibility
(Winder092003)
(Posted: October 3rd 2003)
Criminal:
Motion to modify sentence; credit for time spent on intensive supervised bail
(west092403a)
(Posted: October 3rd 2003)
Marshall and Fischer vs. Premium Finance Trust and Mallalieu-Golder Insurance Agency, Inc; Woodlands Bank vs. Mallalieu-Golder Insurance Agency, Inc
9.25.2003
Kenneth D. Brown
Civil:
Appeal; class action; intervention after judgment; garnishment proceeding; factual determinations without a record; funds in custodia legis
(Marshall092503br)
(Posted: October 3rd 2003)
Criminal:
Appeal; drug case; inconsistent verdict; suppression; school zone enhancement
(moore100203a)
(Posted: October 3rd 2003)
Criminal:
Motion to compel ARD; public policy; choice to go through preliminary hearing; discretion of the district attorney
(kawa040803a)
(Posted: September 30th 2003)
Wills and Estates:
Divorce of incapacitated person; selection of guardian
(Warren092603s)
(Posted: September 26th 2003)
Criminal:
Appeal; driving under suspension, DUI related; operation before restoration license
(Guthrie092403k)
(Posted: September 24th 2003)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: September 23rd 2003)
Support:
Exceptions to spouse support/alimony; property settlement; Virginia law; modifications to support agreement; changes in circumstances
(Warren092303s)
(Posted: September 23rd 2003)
Criminal:
Omnibus pre-trial motion; police officer official oppression; prima facie case; indecent assault; statute of limitations; selective prosecution; severance
(Barto091603bt)
(Posted: September 18th 2003)
Criminal:
Petition for writ of habeas corpus; double jeopardy; refiling charges; venue of petition raising issue of conditions of confinement
(smith070803bt)
(Posted: September 12th 2003)
Criminal:
Appeal; DUI; use of suppressed blood alcohol evidence for impeachment; waiver of objections to closing statement
(vogt071503bt)
(Posted: September 12th 2003)
Support, Divorce:
Exceptions to spouse support; change in circumstances; consideration of child support as income; failure of proof
(barr080103bt)
(Posted: September 12th 2003)
Criminal:
Petition for habeas corpus; prima facie case; testimony of assault victim
(Raschke080803bt)
(Posted: September 12th 2003)
Criminal:
Motion to suppress; timeliness; consent to search car; search of suspect based on discovery of drugs in car; time of arrest; constructive possession of drugs
(ingram081103bt)
(Posted: September 12th 2003)
Criminal:
Appeal; non jury trial; drug case; sufficiency of evidence; validity of jury trial waiver
(darnell080703bt)
(Posted: September 12th 2003)
Criminal:
Petition for habeas corpus; conduct constituting corruption of morals of a minor
(hillman082803bt)
(Posted: September 12th 2003)
Criminal:
Motion to dismiss; bad checks; post dated check; intent to defraud
(swank082803)
(Posted: September 12th 2003)
Criminal:
Appeal
(watson082803bt)
(Posted: September 12th 2003)
Criminal:
Petition for habeas corpus; rape; element of forcible compulsion
(hillman090403bt)
(Posted: September 12th 2003)
Criminal:
Motion to suppress evidence; vehicle stop; DUI
(dimassimo090903bt)
(Posted: September 12th 2003)
Civil:
Preliminary objections; wrongful eviction; capacity of non tenant to sue; specificity of complaint; affirmative defenses
(Hughes091103k)
(Posted: September 11th 2003)
Civil:
Motion for summary judgment; wrongful death/survival case; liability of landlord out of possession to trespassing children; attractive nuisance
(Poust090503k)
(Posted: September 5th 2003)
Divorce:
Petition to enforce agreement
(White072103s)
(Posted: September 4th 2003)
Criminal:
Appeal; post conviction hearing act; Finley letter
(Hampton080103s)
(Posted: September 4th 2003)
Criminal:
Appeal; driving under suspension; DUI related; multiple suspensions
(Anderson073103br)
(Posted: September 4th 2003)
Criminal:
Post Conviction Relief Act; timeliness
(Still080503k)
(Posted: September 4th 2003)
Civil:
Preliminary objections; parent's loss of child's consortium
(Hill080403br)
(Posted: September 4th 2003)
Civil:
Motion for post-trial relief; scheduling order; credibility and weight of evidence; timeliness of motion
(ManevalPTR0808k)
(Posted: September 4th 2003)
Civil:
Supplemental adjudication and verdict; damages awarded
(Maneval080803k2)
(Posted: September 4th 2003)
Civil:
Motion for summary judgment; prima facie case of negligence; factual issues; boating accident
(Steinbeck080803k)
(Posted: September 4th 2003)
Civil:
Request to stop Department of Corrections from deducting fines and costs from inmate account; reconsideration; need for ability to pay hearing
(Bradley081203s)
(Posted: September 4th 2003)
Divorce:
Exceptions to equitable distribution and alimony; need for alimony; disparity of income and assets
(Arrington081203s)
(Posted: September 4th 2003)
Civil:
Declaratory judgment; possession of property; right to fire insurance proceeds; summary judgment motion; fact issues; equitable ownership; equitable conversion; constructive trust
(Welch082603k)
(Posted: September 4th 2003)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: September 4th 2003)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
