Bubb Estate
12.16.2008
Nancy L. Butts
Wills and Estates:
Petition for review of Dept. of Revenue decision; common-law spouse; rebuttable presumption in absence of evidence of the exchange of verba in praesenti; evidence rebutting presumption of common-law marriage
(Bubb121608bt)
(Posted: December 16th 2008)
Commonwealth vs. Colyer
12.15.2008
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; failure to secure video surveillance tape; lack of evidence of existence of a tape; failure to request bill of particulars where the information was specific
(Colyer121508bt)
(Posted: December 15th 2008)
Commonwealth vs. Ball
12.15.2008
Nancy L. Butts
Criminal:
Motion for habeas corpus or to dismiss; murder case; mutual fight; prima facia showing of malice; victim with heart disease; direct and substantial factor in bring about death; sufficiency of evidence
(Ball121508bt)
(Posted: December 15th 2008)
Commonwealth vs. McGraw
12.11.2008
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; DUI case; plea entered under threat or coercion; lack of prejudice to district attorney; assertion of innocence
(McGraw121108bt)
(Posted: December 11th 2008)
Commonwealth vs. Peterkin
12.2.2008
Nancy L. Butts
Criminal:
Motion for habeas corpus or to dismiss; murder case; prima facie case; punching infant in chest as punishment; terroristic threats; death threat
(Peterkin120208bt)
(Posted: December 9th 2008)
Confer vs. Snook
12.9.2008
Richard A. Gray
Civil:
Preliminary objections; punitive damages; lack of claim of outrageous conduct; vague and conclusory averments
(confer120908g)
(Posted: December 9th 2008)
Commonwealth vs. Cobbs
11.5.2008
William S. Kieser
Criminal:
Appeal; search of a home; drug and gun offenses; suppression issues raised during trial; pro se representation; validity of search warrants; sufficiency of evidence of possession; claim of excessive sentence
(cobbs110508k)
(Posted: December 8th 2008)
MTK vs. AAS
11.21.2008
William S. Kieser
Divorce:
Appeal; protection from abuse case; act of throwing candlestick toward person is an act of abuse in that it constituted an intentional, knowing and reckless attempt to cause bodily injury
(MTK112108k)
(Posted: December 8th 2008)
Lander and Stine vs. Dangle
11.25.2008
Richard A. Gray
Civil:
Motion for summary judgment; affidavit in opposition; issue of fact; doctrine of merge; consideration; implied warranty of habitability; ability to use road that ices
(lander112508g)
(Posted: December 8th 2008)
Criminal:
Appeal
(Cruz-Echeverria120208bt)
(Posted: December 8th 2008)
Civil:
Preliminary objections; late filing; prejudice; failure to state a cause of action; duty of health care provider to warn potential third parties who could come in contact with patient with communicable disease
(seebold120408g)
(Posted: December 4th 2008)
Civil:
Preliminary objections; timeliness; duty; failure to state a cause of action
(wright120408g)
(Posted: December 4th 2008)
Commonwealth vs. McDaniels
12.3.2008
Richard A. Gray
Criminal:
Petition for post conviction collateral relief; excessive sentence; ineffective counsel
(mcdaniels120308g)
(Posted: December 3rd 2008)
Commonwealth vs. D.D.
11.4.2008
Kenneth D. Brown
Criminal:
Motion to suppress; defective affidavit of probable cause; criminal record of informant; voluntary statement given to police at request of mother
(DD110408br)
(Posted: December 2nd 2008)
Civil:
Exceptions to report of board of viewers; Private Road Act; use of alternate road extremely difficult and burdensome; financial practicality improving of alternate route; long and historic use of existing road; necessity of private road
(barnard120108a)
(Posted: December 1st 2008)
Worobec vs. Jones. vs. Landon
12.1.2008
Dudley N. Anderson
Civil:
Non-jury trial; Unfair Trade Practices and Consumer Protection Law; purchase for investment purposes; sale of antiques that were altered; breach of contract; statute of limitations; false statements; calculation of damages; attorney's fees; vicarious liability for torts of an agent
(worobec120108a)
(Posted: December 1st 2008)
Commonwealth vs. Winder
11.24.2008
Nancy L. Butts
Criminal:
Omnibus pretrial motion; animal cruelty; prima facia case
(Winder112408bt)
(Posted: November 24th 2008)
Administrative Appeal:
Appeal from the decision of the Board of Health; application of the International Property Maintenance Code; constitutional rights; mootness
(bureauofcodes112108a)
(Posted: November 21st 2008)
Commonwealth vs. Ford
11.20.2008
Nancy L. Butts
Criminal:
Appeal; restitution; causal connection to crime
(Ford112008bt)
(Posted: November 20th 2008)
Civil:
Preliminary objections; personal jurisdiction; minimum contacts; solicitation of business in Pennsylvania by Tennessee firm; independent cause of action for breach of implied covenant of good faith and fair dealing; no reserve auction contract; fraudulent misrepresentation; puffery; need for extrinsic evidence
(shaheen111808g)
(Posted: November 18th 2008)
Commonwealth vs. Monroe
11.18.2008
Nancy L. Butts
Criminal:
Appeal; drug case; qualification of expert; police officer's testimony about facts relating to possession of drugs being consistent with the intent to deliver
(Monroe111808bt)
(Posted: November 18th 2008)
Lindsay vs. Turner
11.18.2008
Richard A. Gray
Civil:
Landlord tenant action; possession of property; abatement of rent due to conditions of the property; summary judgment; termination of lease while rent abated
(lindsay111808g)
(Posted: November 18th 2008)
Civil:
Post trial motions; landlord-tenant matter; requirement of grievance hearing in public housing matter; violation of lease; criminal activity; victim of domestic violence; reasonableness of lease provisions relating to criminal activity
(Everly111208g)
(Posted: November 12th 2008)
Commonwealth vs. Williams
11.6.2008
Nancy L. Butts
Criminal:
Post conviction hearing act petition; failure to secure complete and detailed prior criminal history for cross examination; missing transcripts of opening and closing statements; undefined errors
(Williams110608bt)
(Posted: November 6th 2008)
Commonwealth vs. Johnson
10.17.2008
William S. Kieser
Criminal:
Appeal; reinstated appeal rights
(Johnson101708K)
(Posted: November 5th 2008)
Civil:
Appeal; constitutionality of zoning ordinance relating to adult entertainment establishment; statutory construction; vagueness; grandfathered rights; amendment of ordinance eliminating claim
(WhynonArmstrong102308K)
(Posted: November 5th 2008)
In re O'Connell
7.9.2018
Nancy L. Butts
Wills and Estates:
(O'Connell102308bt)
(Posted: November 5th 2008)
Commonwealth vs. Hennigan
11.5.2008
Richard A. Gray
Criminal:
Post sentence motion; sufficiency and weight of evidence; corruption of a minor who is already corrupt; sentencing discretion; consecutive sentences; reimposition of the same sentence after original sentenced challenged
(Hennigan110508g)
(Posted: November 5th 2008)
Commonwealth vs. Widing
10.21.2008
Nancy L. Butts
Criminal:
Summary appeal; disorderly conduct; unreasonable noise; loud music; recording studio in a residential district; exclusion of decibel meter testimony; accuracy of decibel meter
(Widing102108bt)
(Posted: October 21st 2008)
In Re Chelentis Estate
10.21.2008
Nancy L. Butts
Wills and Estates:
Motion to dismiss objection and compel answers to interrogatories; discovery that will lead to admissible and relevant evidence; unreasonable burden; “fishing expedition”
(Chelentis102108bt)
(Posted: October 21st 2008)
Commonwealth vs. McFarland
10.14.2008
Nancy L. Butts
Criminal:
Suppression motion; reasonable suspicion to detain driver for motor vehicle violation; search and seizure of drugs; sufficiency of evidence of intent to deliver; prima facia case; inference based on possession of large amount of drugs; testimony by narcotics expert
(McFarland101408bt)
(Posted: October 14th 2008)
Adoption:
Petition for involuntary termination of parental rights; severe alcohol problems; best interest of the children; Indian Child Welfare Act of 1978; serious emotional or physical damage to the child
(TC101408bt)
(Posted: October 14th 2008)
Commonwealth vs. McLaughlin
9.5.2008
William S. Kieser
Criminal:
Appeal; assault of a prison guard; right to examine adverse witnesses at preliminary hearing; prima facia case; timeliness of disclosure of evidence by Commonwealth; impact on verdict; forced election to proceed pro se by failure to provide competent counsel; exhibits to go out with the jury; discretion of court
(McLaughlin090508K)
(Posted: October 9th 2008)
Commonwealth vs. Ford
10.6.2008
Nancy L. Butts
Criminal:
Post sentence motion; violation of plea agreement; sufficiency and weight of the evidence; elements of criminal trespass; appeal of discretionary aspects of the sentence
(Ford100608bt)
(Posted: October 8th 2008)
Commonwealth vs. Chapman
10.1.2008
Richard A. Gray
Criminal:
Appeal; drug case; sufficiency and weight of evidence; disclosure of material evidence; need for eyewitness testimony of delivery of drugs; bare allegations of investigator misconduct; after-discovered evidence; admission of hearsay evidence; utterance not offered to prove the truth of the matter asserted
(chapman100108g)
(Posted: October 8th 2008)
Criminal:
Appeal of denial of private criminal complaint; violation of custody order; policy reasons for failing to prosecute; deference of court to district attorney's decision
(borisova100108a)
(Posted: October 3rd 2008)
Commonwealth vs. Apker
10.1.2008
Dudley N. Anderson
Criminal:
Petition to determine restitution; indecent assault; counseling costs paid by father; definition of "victim", indirect victim, legal obligation to pay minor's expenses
(apker100108a)
(Posted: October 3rd 2008)
Commonwealth vs. Harry
10.3.2008
Kenneth D. Brown
Criminal:
Suppression motion; mere encounter by police; refusal to keep hands out of pockets; "pat down" because of reasonable concern for safety; probable cause to arrest when search discloses drugs
(Harry092208br2)
(Posted: October 3rd 2008)
Commonwealth vs. Harry
10.3.2008
Kenneth D. Brown
Criminal:
Suppression motion; reasonable suspicion to stop vehicle for expired registration; marijuana in plain view; probable cause to arrest and search; voluntary statements; prima facia case for delivery of drugs
(Harry092208br1)
(Posted: October 3rd 2008)
Commonwealth vs. Banks
9.22.2008
Dudley N. Anderson
Criminal:
Remand from appeal for resentencing; mandatory minimum sentence; drug sales within 1000 feet of school property; start of measurement
(banks092208a)
(Posted: October 2nd 2008)
Criminal:
Murder trial; post sentence motion; questioning of witness about plea agreement; testimony about co-conspirator and conspiracy that was not identified in the information; accomplice liability; co-defendant's outburst on stand; reference to outburst in closing argument; comment on defendant's failure to testify; selective prosecution; expert testimony; chain of custody of mailed item; admissibility of photographs of body
(Cruz-Echeverria100108bt)
(Posted: October 2nd 2008)
Commonwealth vs. Wheelock
9.30.2008
Dudley N. Anderson
Criminal:
Post sentence motions; sexual abuse of children; purpose of possessing child pornography; applicable sentencing guidelines; sexually violent predator
(wheelock093008a)
(Posted: October 2nd 2008)
EMB vs. JAB; JAB vs. EMB
9.18.2008
Dudley N. Anderson
Support, Divorce:
Exceptions to alimony pendente lite; income computation; mortgage contribution
(brague091808a)
(Posted: September 25th 2008)
Civil:
Non-jury trial; landlord-tenant case; excluded person; violation of lease; due process; violation of guest privileges
(Everly091908g)
(Posted: September 25th 2008)
Civil:
Non-jury trial; interpretation of commercial real estate purchase and sale agreement; financing contingency; environmental issues; return of deposit
(Gordon091908g)
(Posted: September 25th 2008)
Commonwealth vs. Tanner
9.22.2008
Dudley N. Anderson
Criminal:
Remand for appeal to determine competency to stand trial; ability to understand the nature of the proceedings or to participate and assist the defense
(Tanner092208a)
(Posted: September 23rd 2008)
Civil:
Motion for summary judgment; slip and fall case; duty of snow removal contractor; premature motion; possession of land by contractor
(cupp091908a)
(Posted: September 23rd 2008)
Commonwealth vs. Ellison
9.22.2008
Kenneth D. Brown
Criminal:
Appeal; illegal possession of a firearm; sufficiency of evidence of possession; weight of evidence; excessive sentence
(Ellison092208br)
(Posted: September 22nd 2008)
Civil:
Post trial motion; recovery of attorney fees; lack of contractual agreement or statutory authorization allowing fee award
(ClintonTownship092208br)
(Posted: September 22nd 2008)
EJK vs. DCB
9.9.2008
Dudley N. Anderson
Support:
Petition to terminate child support; acknowledgment of paternity obtained by fraud; 60 day window to challenge acknowledgment
(kissinger090908a)
(Posted: September 15th 2008)
Civil:
Motions for summary judgment; resident of household; exclusion from coverage; homeowner's insurance
(holland090908a)
(Posted: September 15th 2008)
In re Estate of Youngman
9.8.2008
Nancy L. Butts
Wills and Estates:
Trustee's petition for clarification; trust interpretation; intent of the settlor
(Youngman090808bt)
(Posted: September 15th 2008)
In re adoption of AM
9.15.2008
Dudley N. Anderson
Adoption:
Involuntary termination of parental rights; failure to perform parental duties; father's lack of contact; incarceration; needs and welfare of child; child's lack of relationship with father
(am091508a)
(Posted: September 15th 2008)
Commonwealth vs. Mincy
9.12.2008
Kenneth D. Brown
Criminal:
Appeal
(Mincy091208br)
(Posted: September 12th 2008)
Commonwealth vs. Barnes
9.10.2008
Kenneth D. Brown
Criminal:
Appeal; drug and gun case; confidential informant; sufficiency and weight of evidence; entrapment; waiver of issues; excessive sentence; standard range
(Barnes09102008br)
(Posted: September 10th 2008)
Commonwealth vs. Blackwell
9.9.2008
Kenneth D. Brown
Criminal:
Rule 600 motion; defense continuance requests; excludable time
(Blackwell09092008br)
(Posted: September 9th 2008)
Criminal:
Omnibus pre-trial motion; suppression; search of vehicle in exigent circumstances; safety of the officer or public; handcuffed vehicle occupants; habeas corpus; sufficiency of evidence of possession of drugs and paraphernalia; no testimony to review
(Cradle090208bt)
(Posted: September 5th 2008)
Commonwealth vs. Howlett
9.4.2008
Clinton W. Smith
Criminal:
Motion for reconsideration; appeal; jurisdiction of court; collateral issues
(Howllett090408s)
(Posted: September 4th 2008)
Civil:
Preliminary objections; fraud; negligent misrepresentation; unfair trade practices and consumer protection law; justifiable reliance; parol evidence rule; subjects specifically dealt with in written contract; merger.
(tully082908a)
(Posted: September 2nd 2008)
Commonwealth vs. Reiman
8.5.2008
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; testimony establishes solicitation of someone to place cocaine in food to cause a heart attack; cocaine provided in furtherance of the goal; prima facie case established
(Reiman080508br)
(Posted: August 30th 2008)
Commonwealth vs. Griffith
8.6.2008
Kenneth D. Brown
Criminal:
Motion for reconsideration of sentencing order; restitution; funeral expenses; insurance company settlement; subrogation
(Griffith080608br)
(Posted: August 30th 2008)
Commonwealth vs. James
8.18.2008
Kenneth D. Brown
Criminal:
Appeal; sufficiency and weight of evidence; conspiracy to deliver drugs; defendant found with "buy" money; failure to file post trial motion; jury rejecting exculpatory testimony; evidence of prior drug deals by co-defendants; rebutting defense of mere presence
(james081808br)
(Posted: August 30th 2008)
Commonwealth vs. Parsons
8.25.2008
Kenneth D. Brown
Criminal:
Motion to dismiss; rule 600; excludable time; defense counsel illness; defense continuance requests
(Parsons082508br)
(Posted: August 30th 2008)
Commonwealth vs. Young
8.26.2008
Kenneth D. Brown
Criminal:
Motion to dismiss for violation of rule 110; prior guilty plea to similar charges; insufficient information to file the complaint
(Young082608br)
(Posted: August 30th 2008)
Commonwealth vs. Smith
8.14.2008
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of the evidence; weight of the evidence; hearsay testimony of confidential informants; drug case; intent to deliver conviction; possession of large amount of cocaine, cell phones and gun; hearsay testimony on character of defendant
(Smith082808bt)
(Posted: August 28th 2008)
Commonwealth vs. Colyer
8.26.2008
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; Rule 1925 statement; waiver
(Colyer082608bt)
(Posted: August 27th 2008)
Commonwealth vs. Monroe
8.26.2008
Nancy L. Butts
Criminal:
Motion to suppress; drug case; search and seizure; abandonment; Miranda warnings; booking information concerning addiction or under the influence
(Monroe082608bt)
(Posted: August 27th 2008)
Commonwealth vs. Howlett
8.11.2008
Clinton W. Smith
Criminal:
Petition for relief under Pa. Constitution; ineffective counsel; post conviction relief act petition as sole means of obtaining post conviction collateral relief; timeliness
(Howlett081108s)
(Posted: August 20th 2008)
Administrative Appeal:
Appeal from denial of zoning permit; variance request; abuse of discretion or error of law; conservation open space zoning; unnecessary hardship; adverse affect to public welfare
(sourthside081808g)
(Posted: August 19th 2008)
Laurenson vs. Laurenson
8.8.2008
Richard A. Gray
Divorce:
Declaratory judgment; divorce case; date of separation; presumption; divorce complaint filed; lack of continued cohabitation; payment of marital bills
(Laurenson080808g)
(Posted: August 17th 2008)
Civil:
Non-jury trial; case stated; demand for early payment of loan; suggested insolvency; failure to pay business privilege tax on time; materiality late tax payment; substantial performance of contract
(twigg081108a)
(Posted: August 17th 2008)
Criminal:
Post conviction relief act petition; ineffective counsel; eye witness testimony; evidence of victim's propensity for aggressive conduct; failure to object to hearsay testimony; missing witness instruction
(Williams080808bt)
(Posted: August 17th 2008)
Commonwealth vs. Mitchell
6.16.2008
William S. Kieser
Criminal:
Appeal; supplemental opinion attaching prior court decision
(mitchell061608)
(Posted: August 6th 2008)
Criminal:
Omnibus pre-trial motion; search and seizure of drugs; college police; probable cause; soliciting sale of drugs; underage intoxication
(Rojas-Nunez070708br)
(Posted: August 6th 2008)
Civil:
Partition action; exceptions to master's report; timeliness; conditional gift in contemplation of marriage; offsetting expenses
(Marmara071808br)
(Posted: August 6th 2008)
Commonwealth vs. Potts
8.4.2008
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; institutional sexual assault; correctional officer sexual contact with person sentenced to in-home detention with ankle bracelet
(Potts080808br)
(Posted: August 6th 2008)
Commonwealth vs. Harmon
8.7.2008
Nancy L. Butts
Criminal:
Appeal; petition for common law writ of habeas corpus ad subjiciendum; existence of a remedy; previously denied post conviction relief act petition
(Harman080708bt)
(Posted: August 6th 2008)
Wills and Estates:
Appeal
(Younes073008bt)
(Posted: August 5th 2008)
Civil:
Motions for reconsideration of summary judgment; existence of tort to establish concerted tortious conduct
(Confair071408g)
(Posted: July 29th 2008)
Commonwealth vs. Horton
7.28.2008
Clinton W. Smith
Criminal:
Appeal; sufficiency or weight of the evidence; credibility of the testimony of defendant; res gestae exception to rule against admission of other crime evidence; failure to seek cautionary instruction
(horton072808s)
(Posted: July 29th 2008)
Civil:
Petition to open default judgment; filed within 10 days; defense to mortgage foreclosure; claimed breach of fiduciary duty of attorney in transaction; fraud; specific pleading; meritorious defense
(xcend072508a)
(Posted: July 28th 2008)
Civil:
Motions for summary judgment; asbestos exposure; plaintiff's burden to show exposure to defendant's product on a regular, frequent and proximate basis; causation; generalized expert opinions; other possible sources of asbestos exposure; minimal exposure; hearsay or speculative evidence
(Copenhaver070708g)
(Posted: July 20th 2008)
Civil:
Motion for summary judgment; mortgage foreclosure action; alleged predatory refinancing loan; responsibility of mortgage holder for representations made by the original loan broker
(Deutsche070708g)
(Posted: July 20th 2008)
Civil:
Appeal
(Lefever071008bt)
(Posted: July 19th 2008)
Civil:
Motions for summary judgment; interpretation of restrictive stock agreement of a close corporation; unambiguous contract
(Doebler060408K)
(Posted: July 7th 2008)
Criminal:
Suppression motion; DUI case; probable cause to stop; squealing wheels; evidence of possibility of wheels squealing
(Klementovich063008bt)
(Posted: July 7th 2008)
Civil:
Non-jury trial; declaratory and injunctive relief; constitutionality of zoning statute; adult bookstore; failure to apply for a license; enforcement of ordinance that is partially unconstitutional; challenge to application procedure
(Whynon63008K)
(Posted: July 7th 2008)
SS vs. JS
7.1.2008
Richard A. Gray
Divorce:
Appeal; refusal to enforce marital settlement agreement; execution of marital agreement due to restraint or danger; credibility of witnesses
(Splain070108g)
(Posted: July 7th 2008)
Pfleegor Estate
6.17.2008
Nancy L. Butts
Wills and Estates:
Petition to appoint an auditor; handwritten will changes; use of initials
(Pfleegor061708bt)
(Posted: June 28th 2008)
Civil:
Motion for summary judgment; rescission claim; reverter clause; financing problem; mutual mistake; warranty of marketability of title; possibility of placing the parties in their former positions
(theparkhome062308a)
(Posted: June 28th 2008)
Commonwealth vs. Illes
6.26.2008
Kenneth D. Brown
Criminal:
Post conviction relief act petition; ineffective counsel; failure to call witnesses; failure to object to evidence; evidence planting; objecting to the charge; consciousness of guilt; sequestration; change of venue; evidence going to the jury; failure to impeach witnesses; failure to secure experts; limiting issues on appeal; taint hearing; police reenactment; stipulations; deadlocked jury; recusal; conflict of interest
(illes062608br)
(Posted: June 28th 2008)
Civil:
Preliminary objections; equipment loan agreements; breach of contract; fraud and breach of fiduciary duty claims; specificity; limitation of remedy; gist of the action; parol evidence rule
(woodlands061608a)
(Posted: June 18th 2008)
Commonwealth vs. Dauber
6.12.2008
Nancy L. Butts
Criminal:
Suppression motion; Miranda issue; impermissible inducement to waive Miranda rights; voluntariness of statement; implication that the District Attorney would be lenient; coercion
(Dauber061208bt)
(Posted: June 17th 2008)