Seitzer vs. Persun
6.5.2008
Dudley N. Anderson
Civil:
Motions for summary judgment; wall construction; statute of limitations; continuing trespass; consent to construct wall, later revoked; equitable estoppel
(seitzer060508a)
(Posted: June 10th 2008)
Commonwealth vs. Ritter
6.5.2008
Dudley N. Anderson
Criminal:
Post sentence motion; weight and sufficiency of evidence; DUI; question of when drinking occurred
(ritter060508a)
(Posted: June 10th 2008)
Wills and Estates:
Appeal
(Heiser061008bt)
(Posted: June 10th 2008)
Civil:
Motions for summary judgment; interpretation and application contract; stock purchase agreement; options to purchase shares; rules of construction; freeze out of the minority shareholders; concerted tortious conduct
(confair060908g)
(Posted: June 10th 2008)
Civil:
Non jury trial; failure to pay for work performed; cost exceeded estimates; mechanics lien; Statute of Frauds
(dixon060408g)
(Posted: June 10th 2008)
Civil:
Slip and fall case; wet parking lot; general slippery condition; burden of proof; non-jury trial
(Kingsley052108g)
(Posted: June 3rd 2008)
Commonwealth vs. Kurtz
5.21.2008
Kenneth D. Brown
Criminal:
Motion to suppress evidence; DUI; reasonable suspicion to believe the vehicle code was violated
(Kurtz052108br)
(Posted: June 3rd 2008)
Commonwealth vs. Yacha
6.2.2008
Richard A. Gray
Criminal:
Summary appeal; dog law violation; strict liability; reasonable control
(Yacha060208g)
(Posted: June 3rd 2008)
Commonwealth vs. Mitchell
6.2.2008
William S. Kieser
Criminal:
Appeal; murder case; sufficiency of evidence; a motive, propensity and opportunity; circumstantial evidence; evidence of prior bad acts; prejudice; use of a jury questionnaire; change of venire or venue; juror challenges; challenge to the entire jury array as not representational; relationship of peremptory challenge to race; cautionary instructions; consciousness of guilt; fine imposed as part of his sentence
(Mitchell060208K)
(Posted: June 2nd 2008)
Commonwealth vs. Williams
5.31.2008
Nancy L. Butts
Criminal:
Appeal; Robbery conviction; order to file concise statement of matters complained of on appeal; waiver of appeal issues
(Williams053008bt)
(Posted: June 2nd 2008)
Criminal:
Motion to dismiss; rule 600; reasonable and good faith effort to bring case to trial in 365 days; court backlog
(Fenstermaker050708g)
(Posted: May 16th 2008)
Civil:
Motion for summary judgment; insurance coverage; exclusion for engineering services; preparation of engineered drawings
(milltech051408a)
(Posted: May 16th 2008)
Civil:
Motion for summary judgment; fiduciary duty of insurance agent; duty of good faith and fair dealing; negligence claims; factual issues
(milltechenders051408a)
(Posted: May 16th 2008)
Commonwealth vs. Randall
5.15.2008
Nancy L. Butts
Criminal:
Post conviction relief act petition; no merit letter; timeliness; jurisdiction
(Randall051508bt)
(Posted: May 16th 2008)
Commonwealth vs. Colyer
5.15.2008
Nancy L. Butts
Criminal:
Post conviction hearing act petition; effective assistance of counsel; sexual assault case; trial tactics; questioning of expert witness; certainty of expert opinion; father's testimony about behavior change in child; questions suggesting a number of incidents
(Coyler051508bt)
(Posted: May 16th 2008)
Wills and Estates:
Interpretation of trust and will codicil; ambiguity; parol evidence; intent of testator
(Evenden051408bt)
(Posted: May 15th 2008)
Commonwealth vs. Perry
4.3.2008
William S. Kieser
Criminal:
Appeal; ineffective counsel; suppression; existing search warrant; failure to appeal
(perry040308k)
(Posted: May 6th 2008)
In re: A.B.
4.3.2008
Kenneth D. Brown
Adoption:
Involuntary termination of parental rights; incarcerated parent; participation by video conference; medically fragile child; no efforts to maintain contact with the agency while in prison or further parenting skills; harm to child; tolling parent's responsibilities during incarceration; best interests of the child
(ab040308br)
(Posted: May 5th 2008)
Civil:
Motion for reconsideration; viewed as post trial motion; consistency of verdict; evidence to support claim; amendment to conform to evidence at end of trial
(Lefever040708bt)
(Posted: May 5th 2008)
Civil:
Appeal; motion for summary judgment granted; insufficient evidence for jury; slip and fall; length of time ice present; failure to remove snow piles; duty; theory that high piles of snow caused melting; lack of expert testimony
(Eleazer040908br)
(Posted: May 5th 2008)
Commonwealth vs. Mincy
4.17.2008
Kenneth D. Brown
Criminal:
Post conviction relief act petition; dismissal; timeliness; late discovery; diligence; previously litigated issues; ineffective counsel
(Mincy041708br)
(Posted: May 5th 2008)
Commonwealth vs. Jacobs
4.25.2008
Kenneth D. Brown
Criminal:
Motion to dismiss under rule 600; DUI case; defendant leaving jurisdiction to avoid arrest; refusal to cooperate to accept arrest warrant; no effort to extradite from Florida due to county policy; equities favoring the prosecution
(JACOBS042508br)
(Posted: May 5th 2008)
Parry vs. Dyer
4.30.2008
Dudley N. Anderson
Civil:
Motion for post-trial relief; uncontroverted evidence; prerogative of the jury to believe any, all or none of the witness' testimony; admissibility of photos of accident scene; inflammatory nature; constitutionality of Dead Man's Act; waiver
(parry043008a)
(Posted: April 30th 2008)
Commonwealth vs. Jones
4.25.2008
Nancy L. Butts
Criminal:
Motion to suppress; police efforts to secure positive identity where name given was not in records; fleeing from police questioning; disposal of contraband while fleeing; abandonment
(Jones042508bt)
(Posted: April 29th 2008)
In the interest of TM
4.28.2008
Richard A. Gray
Criminal:
Appeal; juvenile adjudication; sufficiency of the evidence; agreement of group to hit the victim; identification
(McCutchen042908g)
(Posted: April 29th 2008)
Commonwealth vs. Isaacson
4.28.2008
Nancy L. Butts
Criminal:
Motion to suppress; animal cruelty allegation; probable cause for search; observation of excessive number of cats, some of which were sick; previous incident showing a continuing course of conduct
(Isaacson042808bt)
(Posted: April 29th 2008)
Civil:
Motion to strike or open confessed judgment; issues of fact are not a basis for striking a confessed judgment; to open a judgment, a meritorious defense as well as evidence sufficient to be submitted to the jury must be alleged
(spcpgroup042208a)
(Posted: April 26th 2008)
MLB vs. SSC
4.23.2008
Dudley N. Anderson
Support:
Exceptions to support order; rental income; income tax deduction; mortgage expenses; earning capacity; inability to find work despite substantial effort
(bigger042308a)
(Posted: April 26th 2008)
Administrative Appeal:
Appeal from grant of application for special exception; cellular tower; county comprehensive plan's objective of scenic preservation; substantial evidence; priority of permitted uses over general recommendations in plan
(piccolella041708a)
(Posted: April 20th 2008)
JW vs. BNS
4.2.2008
Dudley N. Anderson
Support:
Exceptions to support order; award of federal income tax exemption; recalculation of support obligation
(wray040208a)
(Posted: April 16th 2008)
CBR vs. CWR
4.11.2008
Richard A. Gray
Divorce:
Petition to enforce marital settlement agreement; unambiguous agreement to execute divorce consent; compelling the filing of a consent to divorce; public policy; fairness of enforcing only part of a property settlement agreement
(Rice041108g)
(Posted: April 16th 2008)
DJB vs. AB
2.12.2008
Richard A. Gray
Divorce:
Equitable distribution; characterization of debt; loans given by employer in conjunction with bonus agreement; illusory nature of loan
(djb021208g)
(Posted: April 4th 2008)
Commonwealth vs. Morrison
3.6.2008
Kenneth D. Brown
Criminal:
Motion to dismiss; 1985 DUI arrest; dismissal and reversal by the Pa. Supreme Court; rule 600; failure to give notice of leaving jurisdiction; incarceration as notice to the Commonwealth of defendant's location; laches
(Morrison030608br)
(Posted: April 3rd 2008)
Civil:
Preliminary objections; quiet title action; demurrer; facial meaning of quit claim deed
(Yoder031008K)
(Posted: April 3rd 2008)
Commonwealth vs. Hines
3.18.2008
William S. Kieser
Criminal:
Omnibus pretrial order; motion to suppress; vehicle search; plain view doctrine; probable cause
(Hines031808K)
(Posted: April 3rd 2008)
Commonwealth vs. Brittain
3.17.2008
William S. Kieser
Criminal:
Appeal; lifetime registration; mandatory nature of registration requirement where defendant pleads to two sexual offense counts at the same time
(Brittain031708K)
(Posted: April 3rd 2008)
Commonwealth vs. Bortz
3.18.2008
William S. Kieser
Criminal:
Appeal; rejection of plea agreement; discretion of the court; length of sentence; lack of treatment at the county prison; balancing needs of defendant with those of community
(Bortz031808K)
(Posted: April 3rd 2008)
Commonwealth vs. Polk
3.18.2008
William S. Kieser
Criminal:
Appeal; DUI; weight or sufficiency of evidence; suppression of video of stop; denial of jury trial request; petty crime
(Polk031808K)
(Posted: April 3rd 2008)
Civil:
Non-jury trial; trespass on property; deed description interpretation; location of right-of-way; ability to park vehicles on right-of-way; damages; attorney's fees
(Clinton032008br)
(Posted: April 3rd 2008)
Commonwealth vs. Hartzel
3.31.2008
Richard A. Gray
Criminal:
Appeal; denial of jury instructions; DUI case; charge read as a whole; sitting in a car while intoxicated; operation of a vehicle; use of standard charge
(Hartzel033108g)
(Posted: April 3rd 2008)
Civil:
Motion for summary judgment of plaintiff; death due to roof blowing off building; fact question as to roof being attached to frame; jury question; motion in limine re res ipso loquitor; premature motion; spoliation of evidence argument; removal of the roof; failure to advise plaintiff counsel of location of debris; adverse inference charge
(Hall032808g)
(Posted: April 3rd 2008)
NB vs. SL
4.2.2008
Richard A. Gray
Criminal:
Appeal; criminal contempt for violating protection from abuse order; attempt to intimidate plaintiff so she would not testify at trial
(Ball040208g)
(Posted: April 3rd 2008)
Heiser Trust
3.31.2008
Nancy L. Butts
Wills and Estates:
Petition to remove trustees, appoint a successor trustee and for contempt; proper administration of the trust; refusal to provide distributions; statutory standards; failure to make accounting; trustee's improper distributions to himself
(Heiser033108bt)
(Posted: April 3rd 2008)
Criminal:
Omnibus pre-trial motion; suppression; murder case; habeas corpus; prima facia case of homicide or conspiracy; suppression; vehicle leaving area where shotgun blasts originated; reasonable suspicion; probable cause to issue warrant; seizure of samples of hair and blood to identify foreign substances found on the defendant; withholding of co-defendant's exculpatory statement before preliminary hearing; prejudice
(echevarria032708)
(Posted: March 27th 2008)
Civil:
Zoning appeal; occupancy permit denial; nonconforming use; abuse of discretion or error of law; abandonment; burden of proving abandonment; intent to abandon use; expansion of nonconforming use; sufficiently similar use; nuisance, per se
(choicefuelcorp032408a)
(Posted: March 25th 2008)
Commonwealth vs. Scott
3.24.2008
Nancy L. Butts
Criminal:
Post Conviction Relief Act petition; ineffective counsel; unlawfully induced guilty plea; suppression issue; mootness of voluntariness of statement issue; knowing and voluntary guilty plea
(Scott032408bt)
(Posted: March 25th 2008)
Civil:
Motion for summary judgment; slip and fall case; duty; obvious danger
(Hayes031708g)
(Posted: March 20th 2008)
E.C. vs G.N.
3.11.2008
Richard A. Gray
Support:
Exceptions to child support; children's horse-related activities; reasonable needs; economic reality of divorce
(Crissman031108g)
(Posted: March 13th 2008)
Civil:
Preliminary objections; wrongful discharge claim; at-will employee; nurse's alleged violation of HIPAA policy; public policy exception; claim of need to access private records to determine staffing needs; lack of regulatory duty to access private records
(Rearick031208g)
(Posted: March 13th 2008)
JLW vs. DAW
2.12.2008
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity issues; income tax refund; deviation for payment of mortgage and rent; suspension of support obligation while unemployed
(warren031208a)
(Posted: March 13th 2008)
DH vs. MLH
2.26.2008
Dudley N. Anderson
Divorce:
Exceptions to alimony pendente lite; computations
(hughes022608a)
(Posted: March 12th 2008)
Commonwealth vs. Fisher
2.6.2008
William S. Kieser
Criminal:
Appeal; drug case; sufficiency and weight of the evidence; suppression of confession made while intoxicated; timeliness of motion
(Fisher020608K)
(Posted: March 11th 2008)
Commonwealth vs. Jones
2.19.2008
William S. Kieser
Criminal:
Appeal; sentencing discretion; standard range; drug dependency; excessiveness
(Jones021908K)
(Posted: March 11th 2008)
Commonwealth vs. Scarfo
2.27.2008
Kenneth D. Brown
Criminal:
Motion for judgment of acquittal; sufficient evidence of DUI
(Scarfo022708br)
(Posted: March 6th 2008)
Commonwealth vs. Lyons
2.28.2008
Kenneth D. Brown
Criminal:
Motion for nominal bail; rule 600; excludable time
(Lyons020808br)
(Posted: March 6th 2008)
Civil:
Motion for summary judgment; question of which party failed to stop at a stop light; lack of expert report; evidence that plaintiff was late; failure of plaintiff to preserve "black box"; spoliation; adverse inference
(dyer120707a)
(Posted: February 25th 2008)
Civil:
Appeal; certificate of merit issue; alleged breach of contract for failure to design a system that performed properly
(dentalcare021508a)
(Posted: February 25th 2008)
Adoption:
Appeal; proof that appellant was perpetrator
(AH021508bt)
(Posted: February 25th 2008)
Adoption:
Appeal
(AH021508bt2)
(Posted: February 25th 2008)
Civil:
Motion to strike judgment; res judicata effect of district justice award when issues relitigated as counterclaim on appeal
(Kaufman010408br)
(Posted: February 12th 2008)
Civil:
Appeal; issues preserved without the filing of post-trial motions
(MuncyHardwood010408br)
(Posted: February 12th 2008)
Commonwealth vs. Johnson
1.14.2008
Kenneth D. Brown
Criminal:
Post conviction relief act petition; timeliness
(Johnson011408br)
(Posted: February 12th 2008)
Commonwealth vs. Richardson
1.14.2008
Kenneth D. Brown
Criminal:
Appeal; manifestly unreasonable sentence; negotiated sentence
(Richardson011408br)
(Posted: February 12th 2008)
Commonwealth vs. Hickman
1.28.2008
William S. Kieser
Criminal:
Petition for habeas corpus; prima facie case; conspiracy to commit an assault; open possession by co-conspirator of gun; responsibility of conspirator for shooting by another; entrance into a property by deceit and with gun as evidence of a burglary; possession of gun proved by evidence of conspiracy and open possession of a gun by co-conspirator.
(Hickman12808K)
(Posted: February 12th 2008)
Civil:
Motion for summary judgment; abandonment of mineral rights; need for written instrument; basis of motion
(brooks012508a)
(Posted: February 12th 2008)
Commonwealth vs. Dozier
1.30.2008
Dudley N. Anderson
Civil:
Appeal; sufficiency of evidence; weight of evidence; length of sentence in case involving possession of firearm without a license; prior criminal history
(dozier013008a)
(Posted: February 12th 2008)
Commonwealth vs. Thompson
2.11.2008
Nancy L. Butts
Criminal:
Post conviction relief act petition; jurisdiction of court; timeliness
(Thompson021108bt)
(Posted: February 12th 2008)
Commonwealth vs. Sampson
1.9.2008
Dudley N. Anderson
Criminal:
Appeal; taxidermy licensing issue; hearsay; jurisdiction of conservation officer to make arrest; circumstantial evidence; possession of specimens without taxidermy permit
(sampson010908a)
(Posted: January 27th 2008)
Commonwealth vs. Wilson
1.22.2008
Richard A. Gray
Criminal:
Appeal; drug and firearm case; sufficiency and weight of evidence; constructive possession; link between defendant and stored gun
(Wilson012208g)
(Posted: January 27th 2008)
Commonwealth vs. Snyder
1.25.2008
Nancy L. Butts
Criminal:
Motion to dismiss/petition for habeas corpus; harassment; prima facie case; failure to produce evidence connecting calls to defendant
(Snyder012508bt)
(Posted: January 27th 2008)
Muckelmann vs. Pepper
1.23.2008
Dudley N. Anderson
Civil:
Appeal; preliminary objections; duty to separately advise a policyholder of the extent of his coverage
(muckelmann012308a)
(Posted: January 27th 2008)
Commonwealth vs. Quartman
1.25.2008
Richard A. Gray
Criminal:
Appeal; motion in limine; prior bad acts in the nature of prior uncharged drug deliveries; establishment of a prior relationship; the weight of the evidence; credibility of witnesses; sufficiency of evidence of intent to deliver
(Quartman012508g)
(Posted: January 27th 2008)
Civil:
Appeal; property forfeiture; petition to open judgment; lack of evidence supporting a meritorious defense; failure to meet burden of proof to show legitimate explanation for cash found in close proximity of drug transaction; need for a successful prosecution
(Mabry120407K)
(Posted: January 8th 2008)
Commonwealth vs. King
12.3.2007
William S. Kieser
Criminal:
Appeal; violation of intermediate punishment sentence conditions; revocation of probation; reconsideration motion; sufficiency of evidence of violation; sentencing discretion
(King120307K)
(Posted: January 8th 2008)
Commonwealth vs. Sander
12.7.2007
William S. Kieser
Criminal:
Amended post conviction relief act petition; timeliness; sua sponte reconsideration of denial; allegation that deafness affected ability to understand sentence
(Sander121407K)
(Posted: January 8th 2008)
Commonwealth vs. Steppe
12.19.2007
William S. Kieser
Criminal:
Motion to suppress evidence; reasonable suspicion for vehicle stop; backing on an empty public street without incident
(Steppe121907K)
(Posted: January 8th 2008)
Commonwealth vs. Parks
12.14.2007
William S. Kieser
Criminal:
Motion to suppress evidence; drug case; voluntariness of waiver of Miranda rights; emotional condition of defendant; inducement and coercion; equivocation; totality of circumstances
(Parks121407K)
(Posted: January 8th 2008)
Commonwealth vs. Russitano
12.18.2007
William S. Kieser
Criminal:
Appeal; manifestly unreasonable sentence; consideration of lack of remorse and understanding toward the seriousness of the crime, and likelihood of committing further harm to himself or the community; need for psychological evaluation
(Russitano121807K)
(Posted: January 8th 2008)
Commonwealth vs. Williams
12.27.2007
William S. Kieser
Criminal:
Appeal; non-jury trial; competence of trial counsel; appropriateness of questioning of witnesses; failure to call witnesses; admissibility of taped statements of defendant; admissibility of police officer testimony
(Williams122707K)
(Posted: January 8th 2008)
Civil:
Motions for summary judgment; adult book store case; constitutional rights; permit and license issues; burden of proof to justify a restriction on 1st Amendment rights; estoppel by opening business without requesting permit; appropriateness of time limits in zoning ordinance; vagueness
(Whynon123107K)
(Posted: January 8th 2008)
Commonwealth vs. Durrant
1.7.2008
Nancy L. Butts
Criminal:
Motion to suppress; shotgun blasts as reasonable suspicion to stop vehicle; abandonment of shotgun; initial refusal to waive Miranda rights followed by waiver; clarification of mixed signals
(Durrant010708)
(Posted: January 8th 2008)
Feist vs. Feist
1.8.2008
Dudley N. Anderson
Civil:
Petition to open judgment; late appeal of district justice award; appeal delay caused by emotional difficulties; lack of fraud, coercion, deception or duress
(feist010808a)
(Posted: January 8th 2008)
Commonwealth vs. Prince
1.7.2008
Kenneth D. Brown
Criminal:
Post Conviction Relief Act petition; timeliness
(Prince010708br)
(Posted: January 8th 2008)
Administrative Appeal:
Zoning appeal; location of wall of trash enclosure; timeliness of appeal
(PennCollege123107br)
(Posted: January 7th 2008)
Civil:
Non-jury trial; possession of real estate; specific performance, estoppel and unjust enrichment claim; oral contract for sale of real estate; statute of frauds
(Lefever010408bt)
(Posted: January 7th 2008)
DS vs. SS
12.14.2007
Kenneth D. Brown
Divorce:
Petition to enforce property settlement agreement; payment of credit card bills; resolution of credibility issue on which party incurred the bills; attorney fees awarded
(ds121407br)
(Posted: January 4th 2008)
Kaufman vs. Costagliola
12.19.2007
Kenneth D. Brown
Civil:
Petition to set aside writ and levy; excessiveness of levy; distribution of excess proceeds of sale
(kaufman121907br)
(Posted: January 4th 2008)
Costagliola vs. Kaufman
12.19.2007
Kenneth D. Brown
Civil:
Petition to strike judgment, set aside levy and stay sheriff's sale; separate judgments on same facts; counterclaim as opening or appealing district justice judgment
(Costagliola121907br)
(Posted: January 4th 2008)
Commonwealth vs. KES
12.21.2007
William S. Kieser
Criminal:
Petition for habeas corpus; conspiracy to offer minor for sex in return for drugs; prima facie showing; element of forcible compulsion; self determination by the minor
(ks122107K)
(Posted: January 2nd 2008)
Lindsay vs. Turner
12.24.2007
Nancy L. Butts
Civil:
Non-jury trial; landlord tenant case; implied warranty of habitability; Unfair Trade Practice and Consumer Protection Law; leaking roof and mold growth; attorney fees
(lindsay122407bt)
(Posted: December 24th 2007)
DW vs. NR
12.24.2007
Nancy L. Butts
Support:
Appeal; request for forgiveness of support obligation to follow religious call; constitutional issues
(white122407bt)
(Posted: December 24th 2007)
Commonwealth vs. Ritter
12.24.2007
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; ineffective counsel; claimed failure to communicate plea offer; offer discussed in open court
(ritter122407bt)
(Posted: December 24th 2007)
Commonwealth vs. Taylor
12.24.2007
Nancy L. Butts
Criminal:
Motion for new trial; failure to appear at trial; claimed medical reasons for non-appearance; failure to produce medical records
(taylor122407bt)
(Posted: December 24th 2007)
Civil:
Non-jury trial; landlord & tenant case; Implied warranty of habitability; credibility; tenant's failure to heat and clean animal waste; lease requirement of requesting repairs in writing
(cef121707bt)
(Posted: December 17th 2007)
Adoption:
Involuntary termination of parental rights; non-accidental injury; needs and welfare of child; failure of parents to perform duties; detrimental emotional effects on child
(A.H.121707bt)
(Posted: December 17th 2007)
Cline vs. Ritter
12.17.2007
Nancy L. Butts
Civil:
Appeal; preliminary objections; failure to timely file an amended complaint
(cline121707bt)
(Posted: December 17th 2007)