Commonwealth vs. Harris
2.10.2006
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; knowing, intelligent and voluntary plea; fair & just reason; defendant's misunderstanding about prior record score
(Harris011606bt)
(Posted: February 16th 2006)
KS vs TP
2.14.2006
Nancy L. Butts
Support:
Exceptions to child support; earning capacity; verification of child care expenses
(KS021006bt)
(Posted: February 16th 2006)
Commonwealth vs. Potter
1.26.2006
Nancy L. Butts
Criminal:
Appeal; sentencing; counting out-of-state DUI convictions
(Potter012606bt)
(Posted: February 7th 2006)
EM vs. TT
1.31.2006
Nancy L. Butts
Support:
Exceptions to child support; seasonal employment; use of average monthly income assessment
(EM013106bt)
(Posted: February 7th 2006)
Commonwealth vs. Quartman
1.31.2006
Nancy L. Butts
Criminal:
Motion to suppress; case; validity of vehicle stop; consent issue
(Quartman012406bt)
(Posted: February 7th 2006)
Commonwealth vs. Graden
1.31.2006
Nancy L. Butts
Criminal:
Motion to modify sentence and determine restitution; assault case; medical expenses related to subsequent injuries directly resulting from criminal conduct
(Graden020106bt)
(Posted: February 7th 2006)
Commonwealth vs. Young
1.1.2006
William S. Kieser
Criminal:
Motion to suppress; DUI; probable cause to arrest; jurisdiction of borough police officer; hot pursuit
(Young020106K)
(Posted: February 7th 2006)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; no basis for relief
(Phillips020206bt)
(Posted: February 7th 2006)
Commonwealth vs. Bogart
2.2.2006
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; DUI; fair and just reason; admission of guilt
(Bogart020106bt)
(Posted: February 7th 2006)
Civil:
Motion to reconsider; failure to plead essential elements of a contract; demurrer
(WMWA013106bt)
(Posted: February 7th 2006)
Civil:
Preliminary objection; breach of contract; obligation to pay estimate for extending water service
(WMWA011806bt)
(Posted: January 30th 2006)
Commonwealth vs. Houston
1.18.2006
Nancy L. Butts
Criminal:
Motion to dismiss; rule 600; due diligence in locating defendant
(Houston011806bt)
(Posted: January 29th 2006)
Commonwealth vs. Ertwine
1.23.2006
Dudley N. Anderson
Criminal:
Motion to suppress; voluntariness of statement to police; influence of prescription drugs on knowing and voluntary statement
(ertwine012306a)
(Posted: January 29th 2006)
Civil:
Appeal; effect of release executed by participant of Club Rally event to relieve sponsor of liability; standard of proof for a defense in a civil trial; use of previously undisclosed evidence to support chain of custody testimony
(kovacs012306a)
(Posted: January 29th 2006)
Commonwealth vs. Reese
1.27.2006
Dudley N. Anderson
Criminal:
Motion to suppress; DUI; probable cause to arrest
(reese012706a)
(Posted: January 29th 2006)
JLW vs. DAW
1.6.2006
Richard A. Gray
Support:
Appeal of contempt citation; unemployed engineer; efforts to find job; minimal purge amount; failure to move for modification of support
(Warren010606g)
(Posted: January 22nd 2006)
EF vs. TM
1.17.2006
Richard A. Gray
Support:
Exceptions to child support; earning capacity; loss of job due to wrongdoing; ability to increase income, due to circumstances of job termination; child support order as punishment
(Fiester011706g)
(Posted: January 22nd 2006)
Criminal:
Appeal
(Dougherty010306bt)
(Posted: January 18th 2006)
Criminal:
Motion to suppress; DUI; mere encounter; probable cause to arrest
(Cipriani010406bt)
(Posted: January 17th 2006)
Administrative Appeal:
Appeal
(graysrun011706a)
(Posted: January 17th 2006)
Hughesville vs. Crawford
1.6.2006
Dudley N. Anderson
Civil:
Appeal; contempt finding; ejectment and trespass action; orders ignored
(crawford010606a)
(Posted: January 11th 2006)
Commonwealth vs. Snyder
1.9.2006
Dudley N. Anderson
Criminal:
Motion in limine; endangering a child; relevance of past incidents of failing to supervise children; course of conduct; intent
(snyder010906a)
(Posted: January 11th 2006)
Commonwealth vs. Smith
1.6.2006
Dudley N. Anderson
Criminal:
Appeal
(smith010606a)
(Posted: January 11th 2006)
Commonwealth vs. Foust
1.11.2006
Dudley N. Anderson
Criminal:
Post sentence motion; theft case; sufficiency of the evidence; excessive sentence
(foust011106a)
(Posted: January 11th 2006)
Commonwealth vs. Randall
10.4.2005
Nancy L. Butts
Criminal:
Second petition under the post conviction relief act; no merit letter: lack of meritorious issues
(Randall100505bt)
(Posted: January 6th 2006)
Criminal:
Post conviction relief act petition; ineffective counsel; recusal of judge; sufficiency of evidence; prosecutor's comments; suppression issue
(Dougherty100705bt)
(Posted: January 6th 2006)
Civil:
Motion for summary judgment; slip and fall; prima facie case of negligence; reliance upon statements found in medical records after plaintiff's death; Pa.R.E. 803(4)
(Portanova120905K)
(Posted: January 5th 2006)
Civil:
Motion to limit defense expert testimony; burden of proof; assertions supported by facts of record
(Blair121605K)
(Posted: January 5th 2006)
Criminal:
Appeal
(Hill121505K)
(Posted: January 5th 2006)
Criminal:
Appeal of delinquency adjudication; theft of bicycle; elements of charge of receiving stolen property; guilty knowledge inferred from possession of stolen property and actions; credibility
(DF122305K)
(Posted: January 5th 2006)
Civil:
Preliminary objections; capacity to sue on behalf of corporation; failure to state claim for breach of contract , conversion or ejectment; fiduciary duty
(Wolyniec122305K)
(Posted: January 5th 2006)
Winters vs. Platusich
12.20.2005
William S. Kieser
Civil:
Preliminary injunction motion; use of easement; obstruction of roadway; reasonableness of removable chain
(Winters122005K)
(Posted: January 5th 2006)
Civil:
Preliminary objections; caption error by officer of the court; emotional distress claim; sufficiency of pleading
(Firth122905K)
(Posted: January 5th 2006)
Commonwealth vs. Conniff
11.17.2005
Nancy L. Butts
Criminal:
Appeal; sufficiency of the evidence; intermediate punishment program violations; ineffective assistance of counsel
(CONNIFF111705bt)
(Posted: January 5th 2006)
KH vs. LH
12.24.2005
Richard A. Gray
Support, Divorce:
Exceptions to support and alimony pendente lite; income determination; cash business; inaccurate tax returns; using expenditures to determine income
(Hackenberg122205g)
(Posted: January 5th 2006)
Commonwealth vs. Nixon
11.28.2005
Nancy L. Butts
Criminal:
Appeal; post sentencing motion; rule 600 issue; effectiveness of counsel; diligence of Commonwealth in locating and trying defendant
(Nixon112805bt)
(Posted: January 5th 2006)
Criminal:
Motion to suppress and reclassify charges; DUI case; probable cause to stop; refusal to submit to blood testing implicates sentencing issues and is not an issue to be charged
(Scarborough111505bt)
(Posted: January 5th 2006)
Commonwealth vs. Richardson
12.21.2005
Kenneth D. Brown
Criminal:
Post verdict motion; sufficiency of evidence; vehicle theft; discovery violations; disclosure of witnesses other crimes
(Richardson12212005br)
(Posted: January 4th 2006)
Commonwealth vs. Wheelock
12.21.2005
Kenneth D. Brown
Criminal:
Appeal; denial of motion to withdraw guilty plea; ineffective counsel; failure to have expert testify as to sexually violent predator designation; failure to predict change of law
(Wheelock122105br)
(Posted: January 4th 2006)
Commonwealth vs. Pressley
12.21.2005
Dudley N. Anderson
Criminal:
petition for habeas corpus; case; failure to hold timely preliminary hearing under rule 540; release on signature bail
(pressley122105a)
(Posted: December 21st 2005)
Administrative Appeal:
Appeal of zoning decision; wind energy project as public use; statutory construction
(graysrun121905a)
(Posted: December 19th 2005)
DL vs. NRL
12.14.2005
Richard A. Gray
Support:
Exceptions to spouse support; disability claim; lack of medical evidence; minimum wage earning capacity assigned
(Lupold121405g)
(Posted: December 14th 2005)
Civil:
Motion for certification of class action; common issues as to negligence and breach of duty of broker
(semo121305a)
(Posted: December 13th 2005)
LE vs. GR
12.3.2005
Richard A. Gray
Support:
Exceptions to child support; inclusion in income of Sub-S corporation tax liability; lack of personal benefit
(Eakin120205g)
(Posted: December 7th 2005)
Commonwealth vs. Proctor
11.4.2005
Kenneth D. Brown
Criminal:
Appeal; motion for suppression and to dismiss; DUI; probable cause to stop; radar detection of speeding car; stationary mode; constitutionality of Vehicle Code 3802(b); vague or over broad; compelling state interest
(proctor110405br)
(Posted: December 5th 2005)
Commonwealth vs. Brown
11.4.2005
Kenneth D. Brown
Criminal:
Appeal; waiver for failure to object during trial
(brown110405br)
(Posted: December 5th 2005)
Commonwealth vs. Frederick
11.15.2005
Kenneth D. Brown
Criminal:
Post conviction relief act petition; sentencing issue; dismissal for no merit
(frederick111505br)
(Posted: December 5th 2005)
Commonwealth vs. Mull
11.14.2005
Kenneth D. Brown
Criminal:
Appeal; case; voluntariness of guilty plea
(mull111405br)
(Posted: December 5th 2005)
Commonwealth vs. Smith
12.1.2005
Dudley N. Anderson
Criminal:
Appeal; post conviction relief act petition denial; waiver
(smith120205a)
(Posted: December 5th 2005)
Civil:
Motions for judgment on the pleadings; amount of uninsured motorist benefits; valid request for lower limits; separate written request
(cohick113005a)
(Posted: December 5th 2005)
CS vs. CW; JW vs. CW
12.4.2005
Dudley N. Anderson
Support:
Exceptions to child support; child care tax credit reduction; parent not working to earning capacity
(starks120705a)
(Posted: December 4th 2005)
PN vs. DN
10.24.2005
Richard A. Gray
Support:
Reconsideration; overpayment of support; remand
(pn102405g)
(Posted: December 2nd 2005)
Civil:
Petition for leave to amend complaint; Tort Claims Act; immunity; failure of driver training, supervision or discipline
(Andrews110705K)
(Posted: December 2nd 2005)
Civil:
Verdict in declaratory judgment action; competing sales agreements; enforceability of option to purchase; relation back
(crystallakecamps111805a)
(Posted: December 2nd 2005)
Civil:
Motions for summary judgment; declaratory judgment; amount of underinsured motorist insurance benefits; effect of rejection of stacking; uninsured/underinsured coverage added after rejection
(westamerican112805a)
(Posted: December 2nd 2005)
Civil:
Appeal; motion to extend discovery; no reason for failure to engage in discovery given; basis for grant of summary judgment; lack of evidence to support claim
(doran112805a)
(Posted: December 2nd 2005)
Civil:
Motion in limine; qualifications of expert on medical standard of care; MCare Act; mere observation of expert
(miller113005a)
(Posted: December 2nd 2005)
MLB vs. RA
11.17.2005
Richard A. Gray
Support:
Exceptions to child support; earning capacity; SSI eligibility as establishing inability to work; calculating tax liability
(Bellitto111705g)
(Posted: November 17th 2005)
Commonwealth vs. Smith
11.15.2005
Dudley N. Anderson
Criminal:
Motion to require complainant to undergo psychiatric/psychological exam; Münchhausen Syndrome; possible effect on reliability of statements
(smith111505a)
(Posted: November 15th 2005)
Commonwealth vs. Funt
11.15.2005
Dudley N. Anderson
Criminal:
Summary appeal; speeding; need to establish engineering and traffic study before posting speed limit
(funt111505a)
(Posted: November 15th 2005)
Commonwealth vs. Fillman
11.15.2005
Dudley N. Anderson
Criminal:
Appeal; excessive sentence
(fillman111505a)
(Posted: November 15th 2005)
RT vs. ST
3.16.2005
William S. Kieser
Civil:
Preliminary objections; sexual abuse case; negligent parental control of child; scandalous and impertinent reference to prior sexual abuse
(RT031605k)
(Posted: November 9th 2005)
Civil:
Motion for summary judgment; underinsured motorist benefits; household exclusion; public policy
(Wartella102405k)
(Posted: November 9th 2005)
Support:
Exceptions to child support; earning capacity; use of statistical data due to lack of actual records; tax refund;
(Welch102505k)
(Posted: November 9th 2005)
Commonwealth vs. Cobb
5.13.1999
Kenneth D. Brown
Criminal:
Petition for review of sentence; in-home detention program; 4 month limitation
(cobb051399br)
(Posted: November 9th 2005)
Commonwealth vs. Manson
10.5.2005
William S. Kieser
Criminal:
Appeal; waiver and reinstatement
(manson100505k)
(Posted: November 7th 2005)
Commonwealth vs. Smith
10.6.2005
Kenneth D. Brown
Criminal:
Post conviction collateral relief petition; ineffective counsel; lack of certification of witness; entitlement to relief; inadmissible evidence
(Smith100605br)
(Posted: November 7th 2005)
Commonwealth vs. Duval
10.25.2005
Kenneth D. Brown
Criminal:
Motion to suppress; drug case; search incident to arrest; inevitable discovery of drugs on person
(Duval102505br)
(Posted: November 7th 2005)
DEW vs. RWS
11.3.2005
Richard A. Gray
Support:
Exceptions to child support; use of federal tax exemption; income calculation
(Wells110305g)
(Posted: November 3rd 2005)
Gudleski vs. PPL
10.20.2005
Dudley N. Anderson
Civil:
Preliminary objections; wage payment law; performance pay plan; forfeiture for early termination
(gudleski102805a)
(Posted: November 1st 2005)
Kinley vs. Kinley
10.26.2005
Dudley N. Anderson
Civil:
Appeal; antenuptial agreement; property subject to equitable distribution; contribution of equity
(kinley102605a)
(Posted: October 26th 2005)
Cillo vs. Allstate
10.17.2005
Dudley N. Anderson
Civil:
Motion for judgment on the pleadings; property loss; breach of contract, bad faith and a violation of the Unfair Trade Practices and Consumer Protection Law claim; statute of limitations; premature motion; improper investigation
(cillo101705a)
(Posted: October 17th 2005)
PN vs. DN
10.13.2005
Richard A. Gray
Support:
Exceptions to spouse support; assessment of full time earning capacity as teacher to spouse unable to find job; reasonableness of efforts to find employment
(Neff101405g)
(Posted: October 13th 2005)
SEM vs. FRM
10.12.2005
Richard A. Gray
Divorce:
Exceptions to alimony pendente lite; length of marriage; health insurance contribution
(Marzzacco101205g)
(Posted: October 12th 2005)
Sees vs. Beswick & Koppers
10.11.2005
William S. Kieser
Civil:
Preliminary objections; consortium; punitive damages; accident involving alcohol; negligent entrustment
(Sees101105k)
(Posted: October 11th 2005)
Civil:
Motion for summary judgment; slip & fall case; need for expert testimony regarding design of steps; status of plaintiff; trespasser or licensee; jury question
(Anthony100705g)
(Posted: October 7th 2005)
Civil:
Motion for summary judgment; tortious interference with contract; failure to produce evidence
(regscan100605a)
(Posted: October 5th 2005)
Civil:
Motion for summary judgment; equity action; avoidance of mortgage foreclosure as fraudulent transactions; no debtor/creditor relationship; piercing the corporate veil; expired discovery deadline
(doran100305a)
(Posted: October 4th 2005)
Civil:
Petition to open confessed judgment; judgment confessed for rent due under lease; letter modifying lease; evidence requiring jury trial
(prfinancing092205a)
(Posted: October 1st 2005)
TMB vs. BRW
9.23.2005
Richard A. Gray
Support:
Objection to attachment of joint bank account
(Baity092305g)
(Posted: October 1st 2005)
Commonwealth vs. Harter
9.28.2005
Dudley N. Anderson
Criminal:
Appeal; motion to dismiss; delay in sentencing; clerical error; burden to pursue sentencing; mere inconvenience
(harter092805a)
(Posted: October 1st 2005)
Commonwealth vs. Fisher
9.27.2005
Nancy L. Butts
Criminal:
Motion to suppress; DUI; reasonable suspicion for stop
(fisher092705bt)
(Posted: October 1st 2005)
Civil:
Preliminary objections; negligent entrustment; company owned car; alcohol on breath; punitive damage claim; scandalous and impertinent averment
(Phillips093005k)
(Posted: September 30th 2005)
Sees vs. Beswick & Koppers
9.30.2005
William S. Kieser
Civil:
Preliminary objections; negligent entrustment; company owned car; alcohol on breath; punitive damage claim; scandalous and impertinent averment
(Sees093005k)
(Posted: September 30th 2005)
Kinley vs. Kinley
9.26.2005
Dudley N. Anderson
Civil:
Need for post trial motions in partition case; required direct appeal
(kinley092605a)
(Posted: September 26th 2005)
Commonwealth vs. Walker
9.8.2005
Nancy L. Butts
Criminal:
Appeal; non-jury trial; aggravated assault of prison guard; spraying shampoo bottle; fear of contamination by bodily fluids from HIV positive prisoner
(walker090805bt)
(Posted: September 25th 2005)
Civil:
Motion for summary judgment; liability in transaction as an undisclosed principal; premature motion; broker-dealer's duty of supervision; fiduciary duty; applicability of Pa. Securities Act; fiduciary duty of unknown principal
(semo091505a)
(Posted: September 25th 2005)
Commonwealth vs. Nthuthu
9.20.2005
Kenneth D. Brown
Criminal:
Appeal; drug case; last minute continuance request to hire private attorney; constitutionality of mandatory minimum sentence; weight of evidence
(Nthuthu092005br)
(Posted: September 25th 2005)
Commonwealth vs. Proctor
9.23.2005
William S. Kieser
Criminal:
Appeal; driving while imbibing; sentencing issue; need to prove prior convictions; grading; due process
(proctor092305k)
(Posted: September 23rd 2005)
Administrative Appeal:
Appeal
(LaForme091505k)
(Posted: September 15th 2005)
Administrative Appeal:
Appeal; propriety of remand for hearing; commingling of prosecutorial and adjudicative functions; mootness
(LaForme091505k2)
(Posted: September 15th 2005)
Kinley vs. Kinley
9.14.2005
Dudley N. Anderson
Civil:
Partition action; marital home; determination of value
(kinley091405a)
(Posted: September 14th 2005)
Civil:
District justice appeals; reinstatement for good cause; prothonotary error
(aquavantage090905a)
(Posted: September 14th 2005)
Civil:
Motion for summary judgment; de facto merger; issue of fact
(lord081105k2)
(Posted: September 9th 2005)
Civil:
Motion for summary judgment; successor liability; de facto merger; mere continuation exception; issues of fact
(lord081105k1)
(Posted: September 9th 2005)
Civil:
Appeal
(Rice081605k)
(Posted: September 9th 2005)
Civil:
Motion to exclude expert testimony; slip & fall worsening fibromyalgia; Frye test; opinion of family physician; proper methodology
(Millard081205k)
(Posted: September 9th 2005)