Commonwealth vs. Clark
4.4.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; motion to withdraw as counsel; discovery concerning criminal history of witness not testifying at trial; refusal to allow hearsay testimony as violating the confrontation clause; validity of waiver of jury trial; waiver of objection to case stated presentation of facts
(Clark040412bt)
(Posted: April 5th 2012)
Commonwealth vs. Keels
4.4.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; claim that IP revocation must be heard by original judge
(Keels040412bt)
(Posted: April 5th 2012)
Commonwealth vs. Mott
4.5.2012
Nancy L. Butts
Criminal:
Motion to quash information; prosecution barred by guilty plea to offense arising from same incident; unrelated charges; temporal and logical relationship of charges
(Mott040512bt)
(Posted: April 5th 2012)
CV vs. GV
4.2.2012
Joy Reynolds McCoy
Divorce:
Petition for contempt or for enforcement of property agreement; reliance on inaccurate pension modeling statement; mutual mistake of fact; knowledge of both parties; reformation of the agreement used sparingly; heavy burden of proof; willful non-compliance with non disputed transfers
(Vierra040212m)
(Posted: April 4th 2012)
DT vs. AS
4.3.2012
Dudley N. Anderson
Custody, Support:
Exceptions to family court order; contribution to child care expense where spouse is available to provide care at no cost; issue determined as part of the support obligation or a custody issue
(tawney040312a)
(Posted: April 4th 2012)
Civil:
Motion for preliminary injunction; student drug testing policy; drug testing for participation in any extracurricular activity; likelihood of success on the merits; need for actual showing of the specific need for random drug testing policy; statistical evidence of drug and alcohol use in school district; immediate and irreparable harm; fundamental right to privacy; right to participate in extracurricular activities
(fagnano040412g)
(Posted: April 4th 2012)
Civil:
Preliminary objections; sufficiency of pleading of adverse possession; amendment of the pleading
(cornwall033012a)
(Posted: March 30th 2012)
Commonwealth vs. Sowell
3.29.2012
Marc F. Lovecchio
Criminal:
Post sentence motions; pro se representation at trial; gun possession and assault case; due process clause requiring fingerprinting, photographing and Miranda rights; confrontation clause requiring that the victims testify at trial; waiver; claimed discovery violation for failure to receive incident report; lack of prejudice; sufficiency of evidence; claim that gun was tampered with because it was tested by an expert; timeliness of sentencing; weight of the evidence
(Sowell032912L)
(Posted: March 30th 2012)
Commonwealth vs. Ungard
3.7.2012
John B. Leete
Criminal:
Post sentence motion; rule 600 issue; excludable time; time of pending pre-trial motion; successful Commonwealth appeal of dismissal of charges; sufficiency of evidence of obstruction of evidence; advising party to provide false information to the investigating agent; renunciation defense; conspiracy and solicitation; waiver of claims; failure to object to jury instructions; failure to object to question; sufficiency of evidence of record tampering; submitting false records to PaDOT; jurisdiction of Attorney General's office to investigate incidents not specifically listed in the referral
(Ungard030712Leete)
(Posted: March 29th 2012)
Commonwealth vs. Kaye
3.19.2012
Marc F. Lovecchio
Criminal:
Pro se motion for dismissal, remand or writ of habeas corpus; discretion of Magisterial District Judge to not accept a guilty plea; claimed violation of due process by not accepting guilty plea; claimed equal protection violation in that magisterial court sentence is less intrusive that a common pleas court sentence; criteria for certification for an immediate appeal
(kaye031912L)
(Posted: March 29th 2012)
In re: D.F.
3.19.2012
Marc F. Lovecchio
Criminal:
Delinquency case; motion to transfer to adult criminal court; reasonable grounds to believe public interest served by transfer; exhaustion of community based rehabilitation programs; continued criminal behavior; disinterested behavior at hearing
(df031912L)
(Posted: March 29th 2012)
Wills and Estates:
Declaratory judgment; interpretation of trust agreements; revocable living trust; setting aside exercise of power of appointment due to undue influence; incorrect placement of assets in a trust; taxation based on incorrect allocation; estoppel; lack of prior judicial determination; interpretation of the trust agreements in context; intention of parties to trust agreements
(Rogers031612L)
(Posted: March 29th 2012)
In re: Adoption of E.W.
3.19.2012
Marc F. Lovecchio
Adoption:
Involuntary termination of parental rights; motion for bonding assessment; request for appointment of bonding expert to be paid by County; necessity of expert testimony; duty of County to subsidize private litigants expert witness costs
(ew031912L)
(Posted: March 29th 2012)
Commonwealth vs. Kreamer
3.21.2012
Marc F. Lovecchio
Criminal:
Appeal; probation violation; double jeopardy claim; legality of sentence
(Kreamer032112L)
(Posted: March 29th 2012)
Commonwealth vs. Bachman
3.21.2012
Marc F. Lovecchio
Criminal:
Appeal; parole and probation violations; excessive sentence claim; likelihood of committing another crime; ineffective efforts to rehabilitate short of incarceration; claim of conflict of interest due to parents' employment by the county
(Bachman032112L)
(Posted: March 29th 2012)
Civil:
Award of attorney's fees as a damage covered by the preliminary bond imposition; injunction request; taxable costs allowed
(Bidlespacher032612bt)
(Posted: March 29th 2012)
Civil:
Motion for partial default judgment; ability of successor or assignee of rights to file an answer to a pleading on behalf of the assignor of rights
(cornwall032912a)
(Posted: March 29th 2012)
MPS vs. TJS
3.16.2012
Joy Reynolds McCoy
Support:
Jurisdiction of the court during an appeal to hear support petition; direct relationship of petition to matter on appeal
(Stark31612m)
(Posted: March 28th 2012)
Criminal:
Preliminary objections; action for invasion of privacy and conversion; unauthorized use of photographs from family website for commercial purposes; jurisdiction; causing harm in Pennsylvania; knowledge that the photographs were from Pennsylvania residents
(wentzel032812a)
(Posted: March 28th 2012)
Criminal:
Appeal
(Montgomery032612bt)
(Posted: March 26th 2012)
TRG vs. JHG
3.20.2012
Joy Reynolds McCoy
Divorce:
Petition to enforce property agreement; cross-petition for counsel fees; conflicting claims of delay; wife's demand that QDRO be signed within 16 days when wife delayed drafting QDRO for 5 months
(Gridley32012m)
(Posted: March 22nd 2012)
Civil:
Motion to strike or open confessed judgment; timeliness where judgment confessed in 2008; applicability of deficiency judgment act to deed in lieu of foreclosure; validity of judgment
(JSSB031212g)
(Posted: March 12th 2012)
Commonwealth vs. Mullen
3.9.2012
Nancy L. Butts
Criminal:
Motion to suppress; vehicle stop; drug case; reasonable suspicion to stop vehicle; vehicle code violation; observation of marijuana; search subsequent to arrest; custodial inventory search of vehicle
(Mullen030912bt)
(Posted: March 9th 2012)
Commonwealth vs. Seese
3.9.2012
Nancy L. Butts
Criminal:
Appeal; excessive sentence; DUI; court discretion; old prior offenses; accident; drinking problem
(Seese030912by)
(Posted: March 9th 2012)
Civil:
Preliminary objections; action on a note; question of personal jurisdiction; Florida resident; only claimed Pennsylvania contact is Pennsylvania address listed on note
(Wells021712g)
(Posted: March 7th 2012)
Commonwealth vs. Cormier
2.27.2012
Marc F. Lovecchio
Criminal:
Appeal; perjury charges relating to alibi testimony at trial for drug transactions; claim of collateral estoppel due to acquittal; lack of specific jury finding on issue of truthfulness of testimony; motion in limine; exclusion of testimony of acquittal in prior trial; exclusion of questions relating to officer bias; admission of voice identification evidence without playing the taped voice; missing witness instruction relating to confidential informant; preservation of issues for appeal; lack of objection to evidence; violation of discovery rules; allowing witness (former defense counsel who currently worked as prosecutor) to review file notes to refresh memory; prejudice
(Cormier022712L)
(Posted: March 7th 2012)
Civil:
Preliminary injunction; use of right-of-way; parol evidence; fraud
(Anadarko030112g)
(Posted: March 7th 2012)
Commonwealth vs. Rogers
3.6.2012
Nancy L. Butts
Criminal:
Appeal; refusal to grant mistrial; police officer's volunteered information about defendant's association with drug dealers; previous, unobjected to disclosure of same information
(Rogers030612bt)
(Posted: March 7th 2012)
Commonwealth vs. Fulton
3.6.2012
Nancy L. Butts
Civil:
Appeal; unduly harsh and excessive sentence; court discretion; applicability of sentencing guidelines to sentence after violation of probation; drug use during probation; propensity to commit another crime; failure of drug treatment opportunities
(Fulton030612bt)
(Posted: March 7th 2012)
Commonwealth vs. Knight
3.6.2012
Nancy L. Butts
Criminal:
Pro se post conviction relief act petition; timeliness; failure to state facts to establish an exception to time deadline; jurisdiction of the court
(Knight030612bt)
(Posted: March 7th 2012)
Commonwealth vs. Johnson
3.7.2012
Nancy L. Butts
Criminal:
Amended post conviction relief act petition; ineffective counsel; failure to file post trial motion; robbery convictions; challenge to photo array given in absence of defense counsel; independent basis for in-court identification; Unduly suggestive photo array
(Johnson030712bt)
(Posted: March 7th 2012)
Civil:
Motions for summary judgment and for leave to amend complaint; injunction action for acts of claimed agent of defendant; sufficiency of evidence that defendant ratified acts of claimed agent; factual issue involving counter-claim for invasion of privacy; duty of landlord to control conduct of tenants
(porchia030612a)
(Posted: March 6th 2012)
Administrative Appeal:
Land use appeal; use of property as office and water transfer station; burden of proof; residential district; permitted or special exception uses; variance request; continuation of nonconforming use; abandonment of use; error of law or abuse of discretion
(pageneralenergyco030612a)
(Posted: March 6th 2012)
Commonwealth vs. Willits
2.7.2012
Marc F. Lovecchio
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of burglary; failure to have preliminary hearing testimony transcribed; sufficiency of the facts alleged in the petition; boilerplate averment of insufficient evidence
(willits020712L)
(Posted: March 2nd 2012)
Commonwealth vs. Holmes
2.6.2012
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; drug case; claimed ineffective counsel; timeliness of the petition; possible exception to the 1 year limitation; failure of appointed counsel to contact defendant
(Holmes020612L)
(Posted: March 2nd 2012)
Commonwealth vs. Grobes
2.14.2012
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; failure of defendant to appear at preliminary hearing due to incarceration; lack of notice to defendant; Commonwealth attorney responsible for incarceration also prosecuting new case
(Grobes021412L)
(Posted: March 2nd 2012)
Commonwealth vs. Burks
2.14.2012
Marc F. Lovecchio
Criminal:
Post-sentence motion; weapon possession; weight of the evidence; circumstantial evidence of possession; admissibility of evidence concerning drugs found in vicinity of defendant; circumstantial evidence of drug transaction; motion to reconsider sentence; reasonableness of sentence of defiant young man not willing to accept accountability and ignorant of harm he caused
(burks021412L)
(Posted: March 2nd 2012)
Commonwealth vs. Huff
2.29.2012
Nancy L. Butts
Criminal:
Appeal; theft conviction; weight and sufficiency of the evidence
(Huff022912bt)
(Posted: March 1st 2012)
Civil:
Appeal; quiet title and ejectment case; waiver of claims; relationship of consentable lines doctrine to quiet title claims
(hess022912g)
(Posted: February 29th 2012)
Criminal:
Appeal; suppression motion; DUI conviction; probable cause to stop; speeding detected by VASCAR; failure to introduce certification of VASCAR at suppression hearing
(Dimassimo022712bt)
(Posted: February 27th 2012)
Commonwealth vs. Green
2.27.2012
Nancy L. Butts
Criminal:
Appeal; claimed excessive sentence; revocation of probation; multiple violations of conditions of probation; sentence within guidelines
(Green022712bt)
(Posted: February 27th 2012)
Commonwealth vs. Monroe
2.23.2012
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition denial
(Monroe022312bt)
(Posted: February 27th 2012)
Commonwealth vs. Rhines
2.27.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Rhines022712bt)
(Posted: February 27th 2012)
Commonwealth vs. McKissick
2.21.2012
Dudley N. Anderson
Criminal:
Motion for severance of counts; theft offenses; separate victims of different theft schemes; crimes not admissible in trial of the other
(mckissick022112a)
(Posted: February 21st 2012)
SV vs. EE
2.16.2012
Joy Reynolds McCoy
Civil:
Custody claim; issue of paternity; third party attempting to assert paternity during intact marriage; wife having sexual relations with 2 men at time of conception, prior to her marriage; application of the presumption not advancing the policy of preservation of marriage; genetic testing ordered
(Vickery021612m)
(Posted: February 17th 2012)
BA vs. JJ
2.8.2012
Joy Reynolds McCoy
Custody:
Petition to transfer venue; spouses residing in different states; hardship for both parents to travel to other state; factors reviewed; existence of overriding factors to prevent litigation from going forward in Lycoming County
(Avalos020812m)
(Posted: February 17th 2012)
Civil:
Motion for preliminary injunction; enforceability of covenant not to compete in employment agreement; employment agreement discussed in the interview, but signed months after employment commenced; no additional consideration when agreement signed; auxiliary part of the taking of employment; scope of covenant to be reasonable in time and territory
(roche021612a)
(Posted: February 16th 2012)
Administrative Appeal:
Appeal of sheriff's decision not to renew license to sell firearms; indictment for violations of firearms laws; providing false information application; federal law preemption; lack of conflict between state and federal firearms laws
(lowe021312g)
(Posted: February 14th 2012)
Commonwealth vs. Tibbs
2.14.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; currently serving sentence
(Tibbs021412bt)
(Posted: February 14th 2012)
KB vs. JB
2.8.2012
Joy Reynolds McCoy
Custody:
Petition to transfer jurisdiction over custody case to New York; primary physical custody in New York; continuing significant connections; nature and quality of child's contacts with Lycoming County
(Baumer020812m)
(Posted: February 9th 2012)
Commonwealth vs. Colvin
2.7.2012
Craig P. Miller
Criminal:
Motion to correct sentence; claimed order by recused judge; authority to lessen or increase conditions of probation
(Colvin020712cpm)
(Posted: February 9th 2012)
Midland Funding vs. Mahaffey
2.8.2012
Dudley N. Anderson
Civil:
Motion by husband to strike lien on marital home created by judgment against former wife; home subject to order requiring transfer to husband by former wife; property in custody of court
(midlandfunding020812a)
(Posted: February 8th 2012)
JDY vs. SCY
2.1.2012
Joy Reynolds McCoy
Divorce:
Petition to enforce agreement and for attorney fees; refusal to sign QDRO agreement; determination of the terms of the settlement agreement; silence of the agreement on the division of retirement benefits; use of applicable statute to fill in blanks in agreement
(Young2112m)
(Posted: February 6th 2012)
Commonwealth vs. Hoffman
1.31.2012
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; sufficiency of facts for guilty plea to rape of impaired victim; denial of petition of counsel to withdraw from representation; supplemental review of record to determine if claims are meritorious
(hoffman013112L)
(Posted: February 3rd 2012)
Wills and Estates:
Petition to replace executor; petition to list property for sale; dispute over disposition of estate real estate; oil, gas and mineral rights; competing offers from beneficiaries
(coyle020212L)
(Posted: February 3rd 2012)
Commonwealth vs. Kennel
1.31.2012
Nancy L. Butts
Criminal:
Petition for habeas corpus; burglary and theft case; prima facie case; circumstantial evidence; time, proximity to the scene of the crime and_x000d_
proximity to the goods stolen; motion to suppress; suggestive photo identification
(Kennel013112bt)
(Posted: February 2nd 2012)
Commonwealth vs. Moore
2.1.2012
Nancy L. Butts
Civil:
Motion to suppress and a petition for writ of habeas corpus; drug case; warrantless search of person; reasonable suspicion; mere flight; use of false name; probable cause developed after detention
(Moore020112bt)
(Posted: February 2nd 2012)
Commonwealth vs. Mosley
1.31.2012
Nancy L. Butts
Criminal:
Post conviction relief act petitions; jurisdiction after appeal
(Mosley013112bt)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petition; timeliness; lack of jurisdiction
(Stafford020112bt)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petition; objection to the dismissal order; claimed misinterpretation of issue raised; ineffective counsel; failure to request transfer to juvenile court
(Williams020112bt)
(Posted: February 2nd 2012)
Civil:
Motion for interpleader; condemnation payment; attorney's lien for fees; exposure to double or multiple liability; unreasonable delay
(horner020212a)
(Posted: February 2nd 2012)
Criminal:
Post conviction relief act petition; voluntariness of guilty plea; ineffective counsel; waiver of issues not raised on direct appeal
(Copenhaver020112bt)
(Posted: February 1st 2012)
EMA vs. JBA
1.30.2012
Nancy L. Butts
Custody:
Appeal of emergency custody order; notice of hearing time change
(Alexander013012bt)
(Posted: January 31st 2012)
Commonwealth vs. McCullough
5.27.2011
Marc F. Lovecchio
Criminal:
Habeas corpus petition; drug case; sufficiency of the evidence; evidence of possession; constructive possession by residents of household where drugs were found; equal access of another
(mccullough052711L)
(Posted: January 30th 2012)
Commonwealth vs. Moore
1.5.2012
Marc F. Lovecchio
Criminal:
Post sentence motion; rape of an unconscious or unaware person; weight and sufficiency of evidence; intoxicated victim voluntarily laying down on bed and removing clothing; reconsideration of the sentence; discretion of the court; factors to be considered in sentencing; comparison with sentence of accomplice; consistency of verdict; not guilty verdict on lesser included offense
(moore010512L)
(Posted: January 30th 2012)
Commonwealth vs. Evans
1.9.2012
Marc F. Lovecchio
Criminal:
Guilty plea; interpretation of plea agreement; mutual mistake as to prior record score; applicability of contract law standards; authorization to withdraw guilty plea
(evans010912L)
(Posted: January 30th 2012)
Commonwealth vs. McCullough
1.30.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; search of a home; drugs in plain view observed while executing an arrest warrant; lack of privacy interest in the premises rented by another; exigent circumstances; presence of firearms; overbroad warrant
(mccullough013012L)
(Posted: January 30th 2012)
Commonwealth vs. Crain
1.27.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; summary appeal; regulatory checkpoint stop; constitutionality of checkpoint; need for advertisement; requirement of approval by district attorney; substantial compliance with checkpoint guidelines; exceeding administratively approved time
(Crain012712L)
(Posted: January 30th 2012)
Commonwealth vs. Ball
1.25.2012
Marc F. Lovecchio
Criminal:
Commonwealth motion in limine; prisoner assault case; admission of inmate statement with incendiary language; marginal relevance; possibility of prejudice; waiver of disciplinary hearing as tacit admission of guilt; pre-arrest silence
(ball012512L)
(Posted: January 30th 2012)
In the interest of KR
1.25.2012
Joy Reynolds McCoy
Adoption:
Petition for voluntary relinquishment of parental rights; adoption of child by step-brother of mother, while mother retains parental rights; in loco parentis status; no intention to live in family unit; legislative intent
(kr0l12512m)
(Posted: January 26th 2012)
Commonwealth vs. McClam
1.24.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; lack of incarceration
(McClam012412bt)
(Posted: January 25th 2012)
Administrative Appeal:
Petition to intervene by non-party to appeal of denial of special exception and variances; affect upon legally enforceable interest; right of peaceable enjoyment of property; interest represented by the township
(pageneralenergy012412a)
(Posted: January 25th 2012)
MS vs. TS
1.17.2012
Joy Reynolds McCoy
Divorce:
Appeal
(ms11712m)
(Posted: January 23rd 2012)
Corbett vs. Supply Source
1.23.2012
Richard A. Gray
Civil:
Petition for preliminary injunction; employment agreement dispute; enforceable restrictive covenant; lack of immediate and irreparable harm; compensable with money damages; knowledgeable party to contract who had assistance of counsel
(Corbett012312g)
(Posted: January 23rd 2012)
Commonwealth vs. Huff
1.20.2012
Kenneth D. Brown
Criminal:
Post sentence motion; sufficiency and weight of evidence; counterfeit money order; claimed lack of knowledge
(detwiler012012br)
(Posted: January 20th 2012)
Civil:
Post trial motions; improper entry of judgment for both ejectment and quiet title; binding consentable line
(Hess011812g)
(Posted: January 19th 2012)
Civil:
Motion to allow use of medicals under MCare Act; evidence of medical bills as billed or actually paid; purpose of MCare act to ensure fair legal process and reasonable compensation; possibility of plaintiff's windfall; use of limiting jury instruction; relevance of insurance status of the plaintiff
(Dieffenbach011812g)
(Posted: January 18th 2012)
Criminal:
Post sentence motion; murder conviction with death penalty imposed; maximum sentence for conspiracy exceeded; denial of challenges to jurors; potential juror agreed to follow judicial instruction; lack of prejudice where not all peremptory challenges used; removal from room of jurors during challenge discussions; grant of challenge to juror who could not agree to death penalty; striking juror based on factors unrelated to race; challenge to juror who had strong connections to the police department; expert testimony relating to the eye witness identification; exclusion of evidence concerning potential jury tampering by witness; prior bad acts and other crimes evidence; hearsay evidence; statements offered for effect on defendant and not for their truth; prejudicial closing argument; jury consideration of written instructions; re-instructing the jury; testimony of witness to conclusions concerning a conspiracy; evidence of defendant's incarceration at trial; adequacy of standard jury instruction during death penalty phase; waiver of objections to the closing argument; discretion to allow witnesses
(Patterson011712bt)
(Posted: January 17th 2012)
Criminal:
Suppression motion; accident involving intoxicated driver; investigatory questioning; lack of Miranda warnings; custodial questioning
(Nottingham011312bt)
(Posted: January 14th 2012)
Commonwealth vs. Cupp
1.12.2012
Dudley N. Anderson
Criminal:
Appeal nunc pro tunc; probation revocation; discretion of the court; consideration of age, mental health history and rehabilitative needs
(cupp011212a)
(Posted: January 13th 2012)
Civil:
Preliminary objections to new matter and counterclaim; foreclosure case; counterclaim alleging "predatory lending techniques"; authority to counterclaim for damages in an in rem action; existence of "predatory lending" as a separate cause of action; lack of specificity in pleading.
(wellsfargomendler011112a)
(Posted: January 12th 2012)
Commonwealth vs. Johnson
1.12.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; multiple filings; timeliness; lack of due diligence
(Johnson011212bt)
(Posted: January 12th 2012)
Commonwealth vs. Taylor
1.12.2012
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to initiate an investigatory detention; legality of arrest; independent basis for search warrant
(Taylor011212bt)
(Posted: January 12th 2012)
Civil:
Motion in limine to prohibit testimony about the defendant's subjective state of mind and character; error of judgment charge
(Dieffenbach011212g)
(Posted: January 12th 2012)
Civil:
Appeal of non-jury verdict; discretion of court to admit testimony of witnesses; witnesses identified as "representatives of" defendant in the pretrial statement; local rule L212; evaluation of credibility of witnesses; weight of the evidence; timeliness of post trial motion and of the appeal
(litz010912g)
(Posted: January 10th 2012)
ML vs. TA
1.10.2012
Dudley N. Anderson
Support:
Exceptions to support order; contribution for health insurance; deviation for health insurance expense; both parties have insurance for child at no additional cost to either; unusually large health insurance premium; HIPP subsidy
(ml011012a)
(Posted: January 10th 2012)
Civil:
Motion for summary judgment; contract case relating to installation of driveway; need for expert opinion relating to claimed defective concrete and unworkmanlike installation; res ipsa loquitur
(bass011012a)
(Posted: January 10th 2012)
Commonwealth vs. Downs
1.10.2012
Nancy L. Butts
Criminal:
Reconsideration of rule 600 motion to dismiss; excludable time; time motion pending before the court
(Downs011012bt)
(Posted: January 10th 2012)
Civil:
Motion in limine; reference to relation between plaintiff's attorney and one of plaintiff's witnesses; conversations about the case at social events; credibility of the witness at issue
(Dieffenbach010612g1)
(Posted: January 6th 2012)
Civil:
Motion in limine to preclude testimony of plaintiff's physician expert; certainty of testimony; use of language such as "very likely" or "would have shown"
(Dieffenbach010612g2)
(Posted: January 6th 2012)
Civil:
Motion for summary judgment; Pennsylvania Human Relations Act case; age discrimination; fact issues raised by affidavit and plaintiff's testimony
(phillips010612a)
(Posted: January 6th 2012)
Civil:
Motion to amend complaint; punitive damages; MCARE act standards; gross negligence; willful or wanton conduct or reckless indifference; conscious disregard and subjective appreciation of the risk; mere negligence or gross negligence
(twh010512g)
(Posted: January 5th 2012)
Civil:
Preliminary objections; replevin action; contracting party as indispensable party; possession of the property
(GMDILeasing010412a)
(Posted: January 4th 2012)
Cach, LLC. vs. Martz
11.30.2011
Marc F. Lovecchio
Civil:
Claim for exemption on writ of execution; value of vehicle; plaintiff's burden of proof
(cach113011L)
(Posted: January 3rd 2012)
Commonwealth vs. Segraves
12.10.2011
Marc F. Lovecchio
Criminal:
Post sentence motion; sufficiency of evidence of endangering the welfare of a child; testimony of sexual relations with a relative; lack of consistent verdict; viability of claim of unlawful contact with a minor where claim is against step-parent; weight of the evidence; excessive sentence; multiple rape and related offenses convictions; claim for "volume discount", affect on the victim; sexually violent predator determination
(Segraves121011L)
(Posted: January 3rd 2012)
Commonwealth vs. Burkhart
12.15.2011
Marc F. Lovecchio
Criminal:
Sentencing issue; calculation of gravity score; stipulation; waiver of argument; sufficient factual basis for argument for higher gravity score
(burkhart121511L)
(Posted: January 3rd 2012)
In re adoption of A.W.
12.13.2011
Marc F. Lovecchio
Adoption:
Petition for involuntary termination of parental rights; credibility issues concerning mother's involvement in child's life; failure to pay child support; settled purpose to relinquish parental claim; incarcerated parent
(aw121311L)
(Posted: January 3rd 2012)
Commonwealth vs. Turner
12.20.2011
Marc F. Lovecchio
Criminal:
Motion to transfer to juvenile court; felony case involving a 17 year old using a knife; burden to prove that juvenile is amenable to treatment; exhaustion of juvenile court resources
(turner122011L)
(Posted: January 3rd 2012)