Commonwealth vs. Cowher
3.14.2005
Kenneth D. Brown
Criminal:
Motion to suppress; validity of vehicle stop; mere squealing of tires
(Cowher031405br)
(Posted: April 1st 2005)
Commonwealth vs. Colvin
3.10.2005
William S. Kieser
Criminal:
Appeal; denial of in forma pauperis petition; summary citations; mootness
(colvin031005k)
(Posted: April 1st 2005)
Civil:
Motions for summary judgment; injury on mechanical horse ride; strict liability and product liability; duty; notice of dangerous condition; circumstantial evidence
(Flexer032405k)
(Posted: April 1st 2005)
Commonwealth vs. Brown
3.28.2005
Kenneth D. Brown
Criminal:
Petition for habeas corpus; timeliness; previously litigated issues
(Brown032805br)
(Posted: April 1st 2005)
Commonwealth vs. Ungard
3.28.2005
Kenneth D. Brown
Criminal:
Petition for post conviction relief; appeal rights; timeliness
(Ungard032805br)
(Posted: April 1st 2005)
Civil:
Petition to set aside nomination petition; defective statement of financial interests; timeliness of service to Bureau of Elections; mandatory time limit
(Temple032205g)
(Posted: March 25th 2005)
Commonwealth vs. Moyer
3.21.2005
Kenneth D. Brown
Criminal:
Motion to withdraw guilty plea; DUI; due process; Vehicle Code section 3802(b); vague & overbroad statute; legislative intent; disparate treatment; equal protection
(moyer032105br)
(Posted: March 25th 2005)
Civil:
Motion to strike answer to new matter and counterclaim; 16 month filing delay; lack of prejudice
(fila031805a)
(Posted: March 25th 2005)
Criminal:
Petition for writ of habeas corpus; prima facie case; DUI; chemical test refusal
(hutchinson031505bt)
(Posted: March 16th 2005)
Criminal:
Appeal; sufficiency of evidence; sentencing discretion; effective counsel
(jennings030705bt)
(Posted: March 11th 2005)
Young Estate
3.8.2005
Nancy L. Butts
Wills and Estates:
Motion for post-verdict relief; common law marriage; reputation of marriage; exchange of verba in praesenti
(young030805bt)
(Posted: March 11th 2005)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 8th 2005)
Civil:
Appeal
(piwha030705a)
(Posted: March 8th 2005)
Commonwealth vs. Davis
3.7.2005
Nancy L. Butts
Criminal:
Motion to suppress; vehicle stop; voluntariness of consent to search
(davis030805bt)
(Posted: March 8th 2005)
Commonwealth vs. Farmer
3.1.2005
Kenneth D. Brown
Criminal:
Appeal; reconsideration of proposed dismissal of post conviction hearing act petition; timeliness
(Farmer030105br)
(Posted: March 7th 2005)
Civil:
Petition to set aside fraudulent transfer; commencement of statute of limitations; discovery rule
(Jahanshah020205k)
(Posted: March 2nd 2005)
Civil:
Modification of previously prepared but not issued opinion and order
(Pine010205k)
(Posted: March 2nd 2005)
Civil:
Characterization and timeliness of requests for post trial relief; obstruction of right-of-way; effect of order on zoning requirements; credibility of damage testimony; mitigation of damages
(Pine070704k)
(Posted: March 2nd 2005)
Administrative Appeal:
Appeal of adjudication reaffirming decision to terminate; incomplete record; remand to school board; issue of board member bias; voir dire of board members
(LaForme020205k)
(Posted: March 2nd 2005)
Commonwealth vs. Baines
2.22.2005
Kenneth D. Brown
Criminal:
Appeal; failure to appear for trial; waiver of right to appear
(Baines022205br)
(Posted: March 2nd 2005)
Civil:
Motion for judgment on the pleadings; failure to deny responsibility for debt
(National022805k)
(Posted: March 2nd 2005)
Commonwealth vs. Jolin
2.17.2005
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence; loitering; drug paraphernalia
(jolin021705bt)
(Posted: February 28th 2005)
Civil:
Motion for summary judgment; assumption of the risk; pedestrian vs. bicycle race sponsor
(young022805a)
(Posted: February 28th 2005)
Commonwealth vs. James
2.22.2005
Dudley N. Anderson
Criminal:
Amended petition for relief under post conviction relief act; ineffective counsel; reinstatement of appeal rights
(james022205a)
(Posted: February 24th 2005)
MW vs. WW
2.14.2005
Richard A. Gray
Support, Divorce:
Calculation of support and alimony pendente lite with split custody arrangement
(Way021405g)
(Posted: February 18th 2005)
Commonwealth vs. Hillman
2.9.2005
Nancy L. Butts
Criminal:
Motion to reconsider sentence or withdraw guilty plea; interpretation of plea agreement; credit for time served
(hillman020905bt)
(Posted: February 17th 2005)
In re: ED
2.14.2005
Richard A. Gray
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: February 15th 2005)
In re estate of Jean
1.5.2005
Nancy L. Butts
Wills and Estates:
Petition to remove co-executor; disagreement over disposition of property; lack of substantial reason
(jean010505bt)
(Posted: February 10th 2005)
Criminal:
Post sentence motions for new trial and for reconsideration of sentence; drug case; chain of custody issue; school zone enhancement; submission to jury of enhancement issue; overly harsh sentence
(robinson010405bt)
(Posted: February 10th 2005)
Commonwealth vs. Gray
1.4.2005
Nancy L. Butts
Criminal:
Omnibus pretrial motion; discovery; writ of habeas corpus; site view, bill of particulars; prima facie case; corpus delecti; closely related crime exception
(gray010405bt)
(Posted: February 10th 2005)
Commonwealth vs. Smith
1.6.2005
Nancy L. Butts
Criminal:
Application to withdraw as council in post conviction relief case; lack of meritorious issues; timeliness
(smith010705bt)
(Posted: February 10th 2005)
Commonwealth vs. Fenty
1.13.2005
Nancy L. Butts
Criminal:
Motion to suppress; drug case; vehicle search; mundane vehicle code violation; consent to search; reasonable suspicion to search; unlawful detention
(fenty011305bt)
(Posted: February 10th 2005)
Criminal:
Post conviction relief act petition; ineffective counsel; recusal of judge; suppression of statements; expert testimony; jury instructions
(lindstrom011105bt)
(Posted: February 10th 2005)
Commonwealth vs. Outen
1.21.2005
Nancy L. Butts
Criminal:
Motion to suppress; drug case; search warrant based in confession of other person; errant address in warrant; limitation certain rooms; reliability of information
(outen012105bt)
(Posted: February 10th 2005)
In re Brickell Trust
1.28.2005
Nancy L. Butts
Wills and Estates:
Petitions for reimbursement of expenses; home improvements; discretion of trustee; duty of trustee to plan for future needs of beneficiary
(brickell012805bt)
(Posted: February 10th 2005)
Criminal:
Appeal; harsh sentence due to prior record; sentencing guidelines; merger of offenses for sentencing
(jennings020105bt)
(Posted: February 10th 2005)
Commonwealth vs. Cooke
2.4.2005
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; duty to file appeal to Supreme Court; merit of claims
(cooke020405bt)
(Posted: February 10th 2005)
Commonwealth vs. Zellers
2.3.2005
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; notice of denial of previous petition
(zellers020305bt)
(Posted: February 10th 2005)
DS vs. WHM
2.2.2005
Richard A. Gray
Support:
Exceptions to child support; pro-ration of lump sum worker's compensation settlement; additional assessment where parent receives unemployment compensation and isn't looking for work; seasonal work
(Strickland020205g)
(Posted: February 9th 2005)
Commonwealth vs. McKee
2.8.2005
Dudley N. Anderson
Criminal:
Appeal; post conviction collateral relief motion; ineffective assistance of counsel; tricked into pleading guilty; timeliness
(mckee020805a)
(Posted: February 9th 2005)
Civil:
Declaratory judgment action; summary judgment; imposition by county of administrative fee for waste disposal; state law preemption
(PIWHA020705a)
(Posted: February 8th 2005)
Commonwealth vs. Pippen
1.7.2005
Kenneth D. Brown
Criminal:
Appeal; entitlement to bail; post conviction relief act petition denial
(Phippen010705br)
(Posted: February 4th 2005)
Civil:
Preliminary objections; contract case; specificity of complaint; failure to plead essential terms of oral contract; fraud claim; future conduct; fraudulent intent; obligation of corporate officer; piercing corporate veil
(Kinley011205k)
(Posted: February 4th 2005)
Administrative Appeal:
Appeal of finding that administrative position was abandoned; medical leave issue; failure to provide medical certification; evidence of intent to abandon; reinstatement and back pay; attorney fee request
(fetter011205k)
(Posted: February 4th 2005)
Commonwealth vs. Reid
1.27.2005
Kenneth D. Brown
Criminal:
Motion for discovery; statements; photographs; police evidence; lab analysis; new preliminary hearing; bill of particulars
(reid012705br)
(Posted: February 4th 2005)
Civil:
Preliminary objections; claim against union for breach of duty of fair representation; infliction of emotional distress; investigation of claims of discrimination and harassment; bad faith; obligations of parent union; elements of conspiracy claim; negligence claim by member against association
(Nkwenti-Zamcho012505k)
(Posted: February 4th 2005)
BM vs. DM
1.28.2005
Richard A. Gray
Support, Divorce:
Exceptions to spouse support, alimony pendente lite and mortgage contribution; assessment of summer earning capacity for school employee
(Murray013105g)
(Posted: February 4th 2005)
SSM vs. JTM
1.31.2005
Richard A. Gray
Support:
Exceptions to spouse support; assessment of full time earning capacity to spouse working part time; reasonableness of employment under circumstances; special needs child
(Myers020105g)
(Posted: February 4th 2005)
Commonwealth vs. Jenkins
4.24.2003
Nancy L. Butts
Criminal:
Motion to suppress; probable cause to arrest; erratic driving; expired registration; observation of drug distribution bag; lack of driver identification
(jenkins042403bt)
(Posted: January 29th 2005)
Commonwealth vs. Rossman
4.24.2003
Nancy L. Butts
Criminal:
Motions to suppress; DUI; probable cause to stop; crossing center line
(rossman042403bt)
(Posted: January 29th 2005)
PB vs. JWB
1.24.2005
Richard A. Gray
Support:
Retroactive modification; failure to report substantial change of income; modification limited to arrearage
(Barlow012405g)
(Posted: January 29th 2005)
MH vs. KB
1.21.2005
Richard A. Gray
Civil:
Exceptions to child support modification; jurisdiction of master; withdrawn petitions; strict enforcement of agreement on support
(Hykes012105g)
(Posted: January 29th 2005)
SMM vs. TWT; KST vs. TWT
1.6.2005
Richard A. Gray
Support:
Exceptions to support; earning capacity; bonus money; modification; loss of job; need to file petition
(Morris010605g)
(Posted: January 21st 2005)
Hill Tax Assessment Appeal
1.19.2005
Dudley N. Anderson
Administrative Appeal:
Appeal; sufficiency of tax assessment appeal document to commence class action; recusal of all county judges; financial interest in reassessment
(hill011905a)
(Posted: January 19th 2005)
Commonwealth vs. Smith
1.14.2005
Dudley N. Anderson
Criminal:
Post conviction collateral relief petition; ineffective counsel; lack of specific information; striking all black jurors; testimony of pretrial incarceration; reconsideration of sentence
(smith011405a)
(Posted: January 19th 2005)
Commonwealth vs. Campbell
1.18.2005
Dudley N. Anderson
Criminal:
Motion to modify sentence nunc pro tunc or withdraw guilty plea; sentence outside guidelines; post conviction hearing act; prejudice; plea agreement
(campbell011805a)
(Posted: January 19th 2005)
Criminal:
Appeal
(kerstetter113004bt)
(Posted: January 17th 2005)
JW vs. CW
1.7.2005
Richard A. Gray
Divorce:
Exceptions of wife to limited duration of alimony pendente lite; short marriage; incentive to delay; possible special relief
(Waring010705g)
(Posted: January 12th 2005)
Commonwealth vs. Rickard
1.11.2005
Dudley N. Anderson
Civil:
License suspension appeal; DUI; blood test refusal; knowing & conscious decision; minimum required warning
(rickard011105a)
(Posted: January 11th 2005)
Commonwealth vs. Toner
11.29.2004
Nancy L. Butts
Criminal:
Motion to suppress evidence; lack of signature on search warrant; wiretap information; drug traffickers slang; inadequate affidavit of probable cause
(toner112904bt)
(Posted: January 5th 2005)
Young Estate
11.30.2004
Nancy L. Butts
Wills and Estates:
Petition to remove administrator of estate; common law marriage; reputation of marriage; lack of evidence of marriage
(young113004bt)
(Posted: January 5th 2005)
Civil:
Preliminary objections; fire case; duty of vender in installment land contract; liability of possessor of land for dangerous condition on the land; third party beneficiary contract
(Williams120104k)
(Posted: January 5th 2005)
Simon vs. Forklifts, Inc.
12.8.2004
William S. Kieser
Civil:
Motion in limine; instruction of plaintiff's counsel to discontinue investigation; prejudicial testimony
(Simon120804k)
(Posted: January 5th 2005)
Vincenti vs. Schultz
12.10.2004
William S. Kieser
Civil:
Appeal; discovery sanctions; willful and intentional failure to comply with discovery and court orders; dismissal of action
(Vincenti121004k)
(Posted: January 5th 2005)
Commonwealth vs. Prince
12.15.2004
Kenneth D. Brown
Criminal:
Post Conviction hearing act; sentencing issue; ineffective counsel; counseling records; timeliness
(Prince121504br)
(Posted: January 5th 2005)
Commonwealth vs. Kelley
12.20.2004
Nancy L. Butts
Criminal:
Motion to dismiss; rule 600; due diligence to bring case to trial; DUI
(kelley122104bt)
(Posted: January 5th 2005)
Commonwealth vs. Colvin
12.9.2004
Nancy L. Butts
Criminal:
Appeal; right to confront witnesses; relevant evidence; failure of defense witnesses to appear as causing lack of fair trial; lack of notice of alibi defense; ordered breath test before nonjury trial
(colvin120904bt)
(Posted: January 5th 2005)
Little vs. Engel
12.23.2004
William S. Kieser
Civil:
Appeal; jurisdiction of court to enforce order after appeal
(Little122304k)
(Posted: January 5th 2005)
Commonwealth vs. Johnson
12.2.2004
Kenneth D. Brown
Criminal:
Motion to suppress evidence; pat down for weapons; inevitable discovery after arrest
(Johnson120204br)
(Posted: January 3rd 2005)
Commonwealth vs. Mitchell
12.2.2004
Kenneth D. Brown
Criminal:
Motion to suppress; chain of custody in drug case; drugs sent to lab using UPS; lack of evidence of tampering
(Mitchell120204br)
(Posted: January 3rd 2005)
Commonwealth vs. Hughes
12.2.2004
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of peeping offense
(Hughes120204br)
(Posted: January 3rd 2005)
Commonwealth vs. Turner
12.8.2004
Kenneth D. Brown
Criminal:
Motion to dismiss; subsequent prosecution; knowledge of prosecutor of other offenses at time of prosecution
(Turner100804br)
(Posted: January 3rd 2005)
Civil:
Post trial motion; evidence to support ostensible agency and corporate liability claims; waiver of objections; collateral estoppel; judicial notice; weight of the evidence; credibility of experts
(Bogaczyk122104br)
(Posted: January 3rd 2005)
YM vs MS
12.29.2004
Richard A. Gray
Support:
Support; testimony on ability to work; nurse practitioner; qualifications as expert witness; scope of expert testimony; admissibility of medical records without testimony
(Miller123004g)
(Posted: December 29th 2004)
RAE vs. CE
12.15.2004
Richard A. Gray
Civil:
Request for reconsideration of denial of constructive trust; petition of child to intervene in divorce; use of TAP & Scholars Choice accounts by spouse; intervention on unproven and vaguely stated claim
(Ecker121504g)
(Posted: December 15th 2004)
Baer vs. Redka
12.10.2004
Dudley N. Anderson
Civil:
Motion to compel discovery; discoverability of insurance policy
(baer121004a)
(Posted: December 10th 2004)
JLP vs. JFB
12.10.2004
Richard A. Gray
Support:
Appeal; contempt order; child support; denial of stay; in forma pauperis status affecting duty to pay support; claim of nurturing parent status; impossible purge conditions
(Penman121004g)
(Posted: December 10th 2004)
GJ vs. JJ
12.6.2004
Richard A. Gray
Divorce:
Exceptions to alimony pendente lite; assessment of earning capacity; part-time work; one time payments
(Jennings120604g)
(Posted: December 9th 2004)
Commonwealth vs. Lynn
11.24.2004
Kenneth D. Brown
Criminal:
Motion to suppress; police jurisdiction; hot pursuit; probable cause
(Lynn112404br)
(Posted: November 24th 2004)
Civil:
Petition to set aside lis pendens; alleged fraudulent transfer to avoid judgment; interest in real property; prejudice
(Wolfe112304k)
(Posted: November 23rd 2004)
VB vs. JPB
11.23.2004
Richard A. Gray
Support, Divorce:
Exceptions to child support and alimony pendente lite; deductions from income; duty of master to enforce tax code; allocation of tax refund
(Bullock112404g)
(Posted: November 23rd 2004)
Civil:
Motion for reconsideration of grant of demurrer; Unfair Trade Practices & Consumer Protection Law; fraudulent oral representations; "catch-all" provision
(Petcavage11182004g)
(Posted: November 18th 2004)
Commonwealth vs. Simms
11.16.2004
Dudley N. Anderson
Criminal:
Appeal; petition for post conviction relief; valid guilty plea; attempt to limit penalty
(simms111604a)
(Posted: November 16th 2004)
Commonwealth vs. Mull
11.15.2004
Kenneth D. Brown
Criminal:
Motion to dismiss; collateral estoppel; co-defendant acquittal
(Mull111504br)
(Posted: November 15th 2004)
Berfield vs. Fisher
11.15.2004
William S. Kieser
Civil:
Motion for judgment on the pleadings; interpretation of contract; contract surviving death of party; specific performance
(Berfield111504k)
(Posted: November 15th 2004)
Commonwealth vs. Hoy
11.10.2004
Nancy L. Butts
Criminal:
Post conviction hearing act petition; withdrawal of appearance; merit of issues; timeliness
(HOY111004bt)
(Posted: November 10th 2004)
Civil:
Motion for summary judgment; underinsurance claim; "occupying" vehicle; vehicle oriented; pedestrian
(Flynn111004k)
(Posted: November 10th 2004)
Civil:
Appeal
(everettcash110904a)
(Posted: November 9th 2004)
RMC vs. VRE
11.3.2004
Richard A. Gray
Custody:
Grandparent claim for primary physical custody; best interest of child; competing interests of parent
(Coffman110304g)
(Posted: November 5th 2004)
PaDOT vs. Nicholas
11.2.2004
Dudley N. Anderson
Administrative Appeal:
Appeal; repeat DUI offender; authority of PaDOT to require interlock device where sentencing order did not
(nicholas110204a)
(Posted: November 5th 2004)
Civil:
Non pros petitions; certificate of merit requirement; separate filings
(miller110304a)
(Posted: November 5th 2004)
LJE vs. GSR
11.2.2004
Richard A. Gray
Support:
Exceptions to child support; income assessment; disabled parent; assignment of corporate profit to stock owner
(Eakin110304g)
(Posted: November 4th 2004)
Commonwealth vs. Gainey
8.9.2004
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; drug case
(gainey080904bt)
(Posted: November 3rd 2004)
JC vs. CC
10.7.2004
Richard A. Gray
Divorce:
Exception to denial of alimony pendente lite; inconsistency in decisions; income assessment; actual earnings or earning capacity; self employed individuals
(Counsil100704g)
(Posted: November 3rd 2004)
Commonwealth vs. Williams
11.2.2004
Kenneth D. Brown
Criminal:
Motion to suppress; knowing and voluntary consent to search;
(Williams110204br)
(Posted: November 2nd 2004)
Civil:
Motion for judgment on the pleadings; general denial; contract claim; reading pleading as a whole
(Montour110204k)
(Posted: November 2nd 2004)
Commonwealth v Barry Koch
9.4.2001
Kenneth D. Brown
Civil:
Appeal; effectiveness of counsel; withdrawal of guilty plea; legality of sentence
(Koch090401br)
(Posted: November 1st 2004)
In re: HH, a minor child
9.29.2004
Nancy L. Butts
Adoption:
Petition for termination of parental rights; medical neglect, poor hygiene & lack of supervision; lack of housing; foster care; failure to perform parental duties
(haywood92404bt)
(Posted: November 1st 2004)
Commonwealth vs. Tibbs
10.8.2004
Kenneth D. Brown
Criminal:
Petition for transcript; no demonstrated need for transcript
(Tibbs100804br)
(Posted: November 1st 2004)