Criminal:
Post conviction relief act petition; parole issue
(kerstetter062804bt)
(Posted: June 28th 2004)
Commonwealth vs. Brown
6.25.2004
Nancy L. Butts
Criminal:
Motion for Post Conviction Collateral Relief; timeliness; availability of evidence at time of trial
(brown062804bt)
(Posted: June 28th 2004)
Civil:
Motion for judgment on the pleadings; admissions in answer; lease; parol evidence
(Petcavage062104g)
(Posted: June 28th 2004)
Civil:
Motion to vacate stay; dissolution of Texas anti-suit injunction; finality of Texas appeals court decision
(AVCO062504k)
(Posted: June 28th 2004)
Civil:
Motion in limine; allegations of nursing negligence; fair notice; amending complaint; statute of limitations
(wickham061604a)
(Posted: June 22nd 2004)
Commonwealth vs. Nixon
4.12.2004
Nancy L. Butts
Criminal:
Post sentence motion; ineffective counsel; rule 600 motion; timeliness of service of arrest warrant; due diligence of police
(nixon041204bt)
(Posted: June 21st 2004)
Commonwealth vs. Johnson
4.14.2004
Nancy L. Butts
Criminal:
Motion to dismiss for rule 600 violation; time excluded for unavailability of defendant and continuances
(Johnson041404bt)
(Posted: June 21st 2004)
In re: AMU
4.12.2004
Nancy L. Butts
Adoption:
Termination of parental rights; failure or refusal to perform parental duties; intention of parent to take greater interest in child's life in the future is not sufficient
(AMU041204bt)
(Posted: June 21st 2004)
Commonwealth vs. Gray
4.29.2004
Nancy L. Butts
Criminal:
Appeal; murder case; weight and sufficiency of the evidence; recusal; suppression of statements
(gray042904bt)
(Posted: June 21st 2004)
Commonwealth vs. Yaw
6.15.2004
Nancy L. Butts
Criminal:
Motion to suppress; robbery; validity of vehicle stop; reasonable suspicion
(YAW061504bt)
(Posted: June 21st 2004)
PB vs. JWP
6.10.2004
Richard A. Gray
Support:
Exceptions to modification of spouse support; change of employment; retroactivity; existence of arrearage
(Barlow061004g)
(Posted: June 14th 2004)
AM vs. DM; DM vs. AM
6.11.2004
Richard A. Gray
Support:
Exceptions to child support; determination of earning capacity; proof of disability; suspiciously low flea market income
(Moyer061104g)
(Posted: June 14th 2004)
Civil:
Preliminary objections; promise to pay for remediation of petroleum contamination; retroactive application of tank spill act; reasonable reliance on oral assurances; specificity; declaratory judgment; allegations against subsidiary corporations
(glimcher061004a)
(Posted: June 14th 2004)
DMW vs. RAK
4.19.2004
Richard A. Gray
Support:
Petition to terminate child support; estoppel of non-biological father to deny paternity
(wiliver041904g)
(Posted: June 10th 2004)
Commonwealth vs. Bess
6.2.2004
Dudley N. Anderson
Criminal:
Appeal; waiver for failure to file rule 1925 statement
(bess060704a)
(Posted: June 9th 2004)
MH vs. PH
6.3.2004
Richard A. Gray
Support:
Exceptions to child support; health insurance cost; potential seasonal reduction of income; modification
(Hales060304g)
(Posted: June 8th 2004)
RD vs. PED; GF vs. PD
6.2.2004
Richard A. Gray
Support:
Exceptions to child support; adjusting income for tax refunds; deviation for total amount of support paid
(Dowling060204g)
(Posted: June 7th 2004)
Myers vs. Campbell & Wommer
5.4.2004
William S. Kieser
Civil:
Petition to compel settlement; meeting of minds; rejection of offer by counter offer
(Myers050404k)
(Posted: June 2nd 2004)
Civil:
Preliminary objections; negligent infliction of emotional distress & punitive damage claims
(BlairSimms051104k)
(Posted: June 2nd 2004)
Wagner vs. Ryan & Rothermel
5.11.2004
William S. Kieser
Civil:
Preliminary objections; timeliness of amended complaint; third party beneficiary contract of attorney to non-client; attorney fee claim
(Wagner051104k)
(Posted: June 2nd 2004)
Civil:
Preliminary objections to amended complaint; specificity; identification of agents in context of complaint; inclusion of "others"; corporate negligence claim; selection of competent staff
(BlairSusq051304k)
(Posted: June 2nd 2004)
Commonwealth vs. Blackwell
5.20.2004
William S. Kieser
Criminal:
Petition for writ of habeas corpus; jurisdiction to modify order; effectiveness of counsel impacting time requirements of PCRA petition
(Blackwell052004k)
(Posted: June 2nd 2004)
Criminal:
Motion to compel additional discovery; objection to subpoena of police records; placental abruption; discovery concerning assaults of mother by father during pregnancy
(Morrison052604k)
(Posted: June 2nd 2004)
Civil:
Appeal from arbitration; interpretation of collective bargaining agreement; calculation of wages; attritional savings; essence test
(Jersey052604k)
(Posted: June 2nd 2004)
Hannan & Bower vs. Bower
5.28.2004
Dudley N. Anderson
Criminal:
Motion to disqualify counsel; conflict of interest; former clients
(hannan052804a)
(Posted: June 2nd 2004)
Commonwealth vs. Martin
5.6.2004
Kenneth D. Brown
Criminal:
Motion to remand for preliminary hearing; timeliness; prejudice to defense
(martin050604br)
(Posted: May 28th 2004)
Support:
Amendment to child support calculation rules; previous order vacated and withdrawn
(hilferty042804a)
(Posted: May 28th 2004)
Administrative Appeal:
Petition to set aside tax sale; service; failure to attempt service at new address; actual notice; statute of limitations
(banks051804br)
(Posted: May 28th 2004)
Commonwealth vs. Illes
5.21.2004
Kenneth D. Brown
Criminal:
Special appointment of public defender for appeal
(illes052104br)
(Posted: May 28th 2004)
Fogal vs. Read vs. Barberio
5.25.2004
Kenneth D. Brown
Civil:
Preliminary objections; authority of one spouse to act for the other; lease agreement
(fogel052504br)
(Posted: May 28th 2004)
JLH vs. ALH
5.27.2004
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity; ability to work; medical insurance; tax refund; child care expenses; tax exemptions
(hart052704a)
(Posted: May 28th 2004)
Support:
Exceptions to child support to children in placement; income; multiple family formula; tax obligation
(scampone071403a)
(Posted: May 27th 2004)
Criminal:
Motion to suppress evidence; drug case; search and seizure; investigative detention; reasonable suspicion of a crime
(williams020504bt)
(Posted: May 19th 2004)
Commonwealth vs. Colvin
4.7.2004
Nancy L. Butts
Criminal:
Motion to suppress evidence and habeas corpus motion to dismiss; waiver preliminary hearing; focus of investigation; custodial interrogation
(colvin040704bt)
(Posted: May 19th 2004)
Commonwealth vs. Snee
5.7.2004
Nancy L. Butts
Criminal:
Omnibus pretrial motion; prima facie evidence of conspiracy; evidence of group action to assault victim
(snee050704bt)
(Posted: May 19th 2004)
Criminal:
Post conviction hearing act petition; motion of counsel to be permitted to withdraw; timeliness of petition
(frankhouser050704bt)
(Posted: May 19th 2004)
Civil:
Motion to preclude expert testimony; public adjuster; pecuniary interest; public policy
(everettcash051404a)
(Posted: May 18th 2004)
Commonwealth vs. Bartlett
3.14.2004
Dudley N. Anderson
Criminal:
Appeal; post conviction collateral relief, waiver by failure to file concise statement of matters appealed
(bartlett051404a)
(Posted: May 18th 2004)
CLW vs. KAW
5.14.2004
Richard A. Gray
Support:
Exceptions to child support; child care contribution; child dependency exemption on tax return; jurisdiction to order amending tax return
(Westbrook051404g)
(Posted: May 18th 2004)
Civil:
Motion for summary judgment; liability of partner for unauthorized act of other partner
(agchem051004a)
(Posted: May 13th 2004)
Support:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: May 12th 2004)
Commonwealth vs. Greenawalt
5.6.2004
Dudley N. Anderson
Criminal:
Renewed motion to dismiss
(greenawalt050604a)
(Posted: May 12th 2004)
Hoffman vs. Aeppli
5.10.2004
Dudley N. Anderson
Civil:
Motion for summary judgment; issues of fact; attorneys fees claim; waiver by failing to preliminarily object
(hoffman051004a)
(Posted: May 12th 2004)
CW vs. SW
5.7.2004
Richard A. Gray
Support:
Exceptions to spouse support; income calculation; master's obligation to make the inquiry complete; business income
(Wicks050704g)
(Posted: May 12th 2004)
Commonwealth vs. Hoffman
4.14.2004
Richard A. Gray
Administrative Appeal:
License suspension appeal; knowing and conscious refusal to take chemical test; need for expert testimony on ability to give sample
(hoffman041404g)
(Posted: May 11th 2004)
Commonwealth vs. Hoffman
4.12.2004
Richard A. Gray
Administrative Appeal:
License suspension appeal; refusal to take chemical test; reasonable grounds to believe motorist operating motor vehicle under the influence of alcohol
(hoffman041204g)
(Posted: May 11th 2004)
Bletz vs. Commonwealth
4.12.2004
Richard A. Gray
Administrative Appeal:
License suspension appeal; unreasonable delay in notice; prejudice
(bletz041204g)
(Posted: May 11th 2004)
RED vs. MSG
3.8.2004
Richard A. Gray
Support:
Exceptions to child support; disability income; income less than $550
(Dunkelberger030804g)
(Posted: May 7th 2004)
Winner vs. Winner
5.4.2004
Richard A. Gray
Divorce:
Petition for reconsideration; enforcement of pre-nuptial agreement; correction of order after 30 days for patent error
(Winner050404g)
(Posted: May 5th 2004)
Commonwealth vs. Illes
3.31.2004
Kenneth D. Brown
Criminal:
Application for public defender; authority to investigate and obtain financial information
(illes033104br)
(Posted: May 4th 2004)
Commonwealth vs. Harman
4.27.2004
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; coercion to plead guilty; written colloquy
(harman042904bt)
(Posted: May 4th 2004)
Wicks vs. Wicks
4.30.2004
William S. Kieser
Civil:
Exceptions to special master's report; dissolution of a partnership and distribution of assets
(Wicks043004k)
(Posted: May 4th 2004)
Civil:
Appeal; waiver of venue objection by raising in new matter; interlocutory order
(Montour043004k)
(Posted: May 4th 2004)
Commonwealth vs. Koch
4.6.2004
Kenneth D. Brown
Criminal:
Appeal; post conviction relief act petition; timeliness of petition
(Koch040604br)
(Posted: May 3rd 2004)
Commonwealth vs. Tanner
4.6.2004
Kenneth D. Brown
Criminal:
Timeliness of post-sentence motions; authority of court to extend filing date; ability of Commonwealth to waive time limit
(Tanner040604br)
(Posted: May 3rd 2004)
Commonwealth vs. Mitchell
4.23.2004
Kenneth D. Brown
Criminal:
Appeal; sufficiency of evidence; terroristic threats and assault; handling a gun
(Mitchell042304br)
(Posted: May 3rd 2004)
Civil:
Motion for contempt; enforcement of settlement agreement; waiver of objections to settlement; estoppel
(NewTribes040804br)
(Posted: May 3rd 2004)
Civil:
Preliminary objections; lack of service by sheriff
(Johnson 040604k)
(Posted: April 30th 2004)
Civil:
Motion for summary judgment; intentional infliction of emotional distress; causal link to subsequent stroke; medical testimony
(Sullivan040804k)
(Posted: April 30th 2004)
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
4.8.2004
William S. Kieser
Civil:
Preliminary objections; claimed tort of misfeasance; gist of the claim as contract claim; sanction request
(Adams040804k)
(Posted: April 30th 2004)
Civil:
Motion for judgment on the pleadings; negligent release of loan proceeds to contractor; accord and satisfaction; statute of limitations; res judicata
(Hamilton040804k)
(Posted: April 30th 2004)
SGS vs. MAS
4.14.2004
Richard A. Gray
Support:
Exceptions to child and spouse support; parties dwelling in same residence; living "separate and apart"; mere lack of intimacy; failure of spouse to provide for family; reimbursement of support payments
(Smith041404g)
(Posted: April 30th 2004)
Hill vs. Derrick
4.16.2004
William S. Kieser
Civil:
Motion for leave to proceed in forma pauperis; frivolous claim; RICO & civil rights complaint; exclusion from public library
(Hill 041604k)
(Posted: April 30th 2004)
Civil:
Appeal; preliminary injunction; consideration; alleged withdrawal of claim
(Dixon042104k)
(Posted: April 30th 2004)
Harlan vs. Harlan
4.22.2004
Dudley N. Anderson, Richard A. Gray, Clinton W. Smith
Support:
En banc decision; exceptions to effective date of order decreasing child support; date of filing motion; impact of existence of arrearage
(Harlan042204eb)
(Posted: April 30th 2004)
Civil:
Motion for summary judgment; need for expert testimony on standard of care; res ipsa loquitor; sufficient fund of common knowledge; punitive damages for acts of employee
(Robbins042304k)
(Posted: April 30th 2004)
Custody:
Preliminary objections to custody complaint of grandparents; standing, venue and jurisdiction; need for a factual hearing
(Sherman042604g)
(Posted: April 30th 2004)
In re: TH, KM, JF
4.28.2004
Dudley N. Anderson
Adoption:
Appeal; dependency; voluntary placement by mother; father incarcerated; lack of parental care
(hill042804a)
(Posted: April 30th 2004)
Commonwealth vs. Morton
4.23.2004
Nancy L. Butts
Criminal:
Post Conviction Relief Act Petition; timeliness; meritorious issues; breach of contract to release from prison on a certain date; knowing and voluntary plea
(morton042604bt)
(Posted: April 27th 2004)
Commonwealth vs. Edwards
4.23.2004
Nancy L. Butts
Criminal:
Post Conviction Relief Act Petition; not paroled as promised by attorney; timeliness
(edwards042604bt)
(Posted: April 27th 2004)
Commonwealth vs. Walker
4.23.2004
Dudley N. Anderson
Criminal:
Appeal; motion for mistrial; reference to "defender's office"; admissibility of statements of defendant to district attorney; sentencing discretion
(walker042304a)
(Posted: April 27th 2004)
Commonwealth vs. Spong
4.26.2004
Nancy L. Butts
Criminal:
Motion to dismiss criminal information; attacks by dangerous dogs; compulsory joinder rule; double jeopardy
(spong042704bt)
(Posted: April 27th 2004)
Hargenrader vs. Schon
4.16.2004
Dudley N. Anderson
Civil:
Motion for summary judgment; liability of landlord out of possession for injury to tenant; notice of defect
(hargenrader041604a)
(Posted: April 22nd 2004)
In re: DS and DS
4.8.2004
Dudley N. Anderson
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: April 16th 2004)
Commonwealth vs. Mincey
2.26.2004
Kenneth D. Brown
Criminal:
Post Conviction Relief Act Petition; timeliness; jurisdiction
(Mincey022604br)
(Posted: April 2nd 2004)
Commonwealth vs. Smith
2.27.2004
Kenneth D. Brown
Criminal:
Commonwealth's motion in limine; letters from victim of violence to defendant professing love
(smith022704br)
(Posted: April 2nd 2004)
Commonwealth vs. McCloskey
3.2.2004
Kenneth D. Brown
Criminal:
Oral request for release on nominal bail after jury selection; Rule 600(e);
(McCloskey030204br)
(Posted: April 2nd 2004)
CH vs. TB
3.10.2004
Richard A. Gray
Support:
Exceptions to child support; requested deviation for residing in high cost of living area
(Harriman031004g)
(Posted: April 2nd 2004)
Administrative Appeal:
Preliminary objections; condemnation for public right of way; public purposes; arbitrary and capricious decision
(South030904k)
(Posted: April 2nd 2004)
LB vs. BH; NC vs. TB
3.15.2004
Richard A. Gray
Support:
Exceptions to child support; attempted rescission of an acknowledgment of paternity; petition for blood testing; clear and unambiguous statute
(Brown031504g)
(Posted: April 2nd 2004)
Administrative Appeal:
Appeal
(Piatt031704k)
(Posted: April 2nd 2004)
JN vs. DM
3.17.2004
Clinton W. Smith
Support:
Exceptions to child support; effective date; reimbursement of vehicle costs as income; health insurance
(JN031704s)
(Posted: April 2nd 2004)
Richards vs. Piatt Township
3.17.2004
William S. Kieser
Civil:
Appeal; declaratory judgment action; notice to municipality of claim; minority of plaintiff tolling notice requirement; constructive notice; specificity of pleading
(Richards031704k)
(Posted: April 2nd 2004)
Civil:
Motion for summary judgment; conversion by small game of chance operators; circumstantial evidence; agency; constructive trust; fraudulent transactions
(OLV-GCLP031704k)
(Posted: April 2nd 2004)
BAL vs. JLL
3.26.2004
Richard A. Gray
Support, Divorce:
Interpretation of postnuptial agreement; intent to waive spousal support
(liberti032504g)
(Posted: April 2nd 2004)
TV vs. RV
3.9.2004
Richard A. Gray
Divorce:
Exceptions to master's report; alimony pendente lite; deviation from guidelines based on need; health insurance contribution
(Voneida030904g)
(Posted: April 2nd 2004)
Criminal:
Post conviction hearing act petition; modification of sentence; issues of fact; defendant is "changed person"
(Montgomery030504br)
(Posted: April 1st 2004)
Commonwealth vs. Wells
3.8.2004
Kenneth D. Brown
Criminal:
Petition for leave to file appeal nunc pro tunc; post conviction relief act as exclusive remedy
(Wells030804br)
(Posted: April 1st 2004)
Commonwealth vs. Walker
3.9.2004
Dudley N. Anderson
Criminal:
Appeal; waiver; rule 1925(A) statement
(walker030904a)
(Posted: April 1st 2004)
Commonwealth vs. Heffner
3.9.2004
Dudley N. Anderson
Criminal:
Post sentence motions; juvenile charged as adult; transfer after conviction; conduct after conviction
(heffner030904a)
(Posted: April 1st 2004)
Criminal:
Appeal; merger of receiving stolen property and retail theft offenses; theft of merchandise and display
(Lookenhouse031004br)
(Posted: April 1st 2004)
Commonwealth vs. McPherson
3.12.2004
Kenneth D. Brown
Criminal:
Motion to suppress evidence; reasonable and articulable grounds to stop for traffic violation
(McPherson031204br)
(Posted: April 1st 2004)
Commonwealth vs. Leech
3.16.2004
Nancy L. Butts
Criminal:
Motion to dismiss for delay; rule 600; failure of defendant to object to Commonwealth continuance request
(leech031604bt)
(Posted: April 1st 2004)
Civil:
Motion for summary judgment; claims against merchant for failure to warn of dangers and failure to test; notice of particular need of buyer; recommendations by merchant; fact issue; duty of merchant to test
(hall032304a)
(Posted: April 1st 2004)
Commonwealth vs. Illes
3.30.2004
Kenneth D. Brown
Criminal:
Motion to withdraw as counsel; prejudice to defendant; post-sentence motion; claim of ineffective assistance of counsel in post-sentence proceeding
(illes033004br)
(Posted: April 1st 2004)
Commonwealth vs. Knosp
3.25.2004
Nancy L. Butts
Criminal:
Motion to dismiss; timely sentencing; prejudice; mere uncertainty
(knosp032604bt)
(Posted: March 29th 2004)
In re: Adoption of SS
3.24.2004
Richard A. Gray
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 25th 2004)
Criminal:
Commonwealth's motion to reconsider; Rule 600 violation; failure of Commonwealth attorney to appear for hearing because of confusion about schedule
(Greenawalt031604bt)
(Posted: March 17th 2004)
Commonwealth vs. Illes
1.8.2004
Kenneth D. Brown
Criminal:
Omnibus pretrial motion; evidence of other crimes; character evidence; comments evidencing malice; alibi notice; discovery request
(illes010804br)
(Posted: March 16th 2004)