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:
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)
Civil:
Preliminary objections; fact pleading; demurrer; amended complaint
(Vincent090403k)
(Posted: September 2nd 2003)
Support:
Petition to establish paternity; blood tests; presumption; estoppel
(dh020603s)
(Posted: August 21st 2003)
Civil:
Motion to stay; declaratory judgment; pending Texas action; preemptive defense; lis pendens; unclean hands; forum shopping
(Avco040303k)
(Posted: August 21st 2003)
Support:
Appeal; spouse support
(kline073103a)
(Posted: August 21st 2003)
Support:
Exceptions to child support; material and substantial change in circumstances; rental income; reduction for mortgage payment
(marino081303a)
(Posted: August 21st 2003)
Support:
Exceptions to child support; determination of income and earning capacity; unusual vehicle expense
(huffman072303a)
(Posted: August 20th 2003)
Criminal:
Appeal
(mull073003a)
(Posted: August 20th 2003)
Support:
Exceptions to support; distribution of capital; federal tax refund; rental income/expense; depreciation; visitation effecting support
(catherman080403a)
(Posted: August 20th 2003)
Support:
Exceptions to child support; registration of foreign order; transfer of interest in marital property as satisfaction of support obligation
(brunson081303a)
(Posted: August 20th 2003)
Criminal:
Appeal; sex crime; length of sentence
(kreider081303a)
(Posted: August 20th 2003)
Criminal:
Omnibus pre-trial motion; timely complaint; suppression; dismissal for inconsistent information; drug case; prejudice; warrantless search; exigent circumstances; consent
(brooks082003bt)
(Posted: August 20th 2003)
Civil:
Petition for stay of execution of judgment; Act 84 deductions; ability to pay finding
(Bradley072103s)
(Posted: August 18th 2003)
Civil:
Motions for summary judgment; statute of limitations; wrongful death and survival actions; discovery rule
(Jean080603k)
(Posted: August 6th 2003)
Civil:
Preliminary objection; demurrer; insurance coverage dispute; garage policy; vehicle or person orientation; amendment to Financial Responsibility Law
(Donegal040303k)
(Posted: August 4th 2003)
Criminal:
Appeal; burglary and theft case; evidence connecting defendant to other crimes; mistrial motion
(Eisner061803br)
(Posted: July 31st 2003)
Divorce:
Exceptions to alimony pendente lite; calculation in case involving foreign order of child support
(Lockard062703s)
(Posted: July 31st 2003)
Criminal:
Appeal; failure to file rule 1925 statement; plea agreement; request to withdraw plea; legality of sentence
(Koch052703k)
(Posted: July 31st 2003)
Civil:
Non-jury trial; declaratory judgment action; validity of Mexican divorce decree
(Reigle062703k)
(Posted: July 31st 2003)
Civil:
Preliminary objections; employment contract case; implied contract; employee handbook; intentional infliction of emotional distress; Workers' Compensation Act; wrongful discharge; violation of public policy; exhaustion of statutory remedies
(Eckenrod036003br)
(Posted: July 31st 2003)
Criminal:
Appeal; drug case; sufficiency of evidence; evidence of taped statement of defendant
(Webster063003br)
(Posted: July 31st 2003)
Civil:
Appeal; Preliminary objections; adverse possession; exclusivity; standing
(Seda-Cog070203br)
(Posted: July 31st 2003)
Criminal:
Appeal; assault case; self-defense; inappropriate comments in district attorney's summation
(Wheeler070303k)
(Posted: July 31st 2003)
Civil:
Preliminary objections; pleading action to quiet title; no allegation of possession; adequacy of the description; specificity of the complaint; ejectment action; pleading names of predecessors in title
(Lenhart070203k)
(Posted: July 31st 2003)
Adoption:
Appeal; termination of rights
(KKF070103k)
(Posted: July 31st 2003)
Criminal:
Appeal; assault case; weight of the evidence; car chase as evidence of consciousness of guilt; prejudice
(Rebo0700803br)
(Posted: July 31st 2003)
Support, Divorce:
Exceptions to child support and alimony pendente lite; earning capacity; tax refund; share custody situation
(Brown070703s)
(Posted: July 31st 2003)
Support:
Exceptions to child and spouse support; earning capacity; allocation of possible recovery in personal injury lawsuit; calculation of support
(Steinbacher070903s)
(Posted: July 31st 2003)
Divorce:
Counseling; payment of costs; prospect of reconciliation
(Noble071003s)
(Posted: July 31st 2003)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
