Civil:
Preliminary objections; restrictive covenant; allegation of wrongful conduct of new employer; pleading fraud
(Dixon020504k)
(Posted: March 12th 2004)
Civil:
Preliminary injunction; restrictive covenant; immediate and irreparable harm; incident to employment agreement; consideration; reasonableness of the restrictions; assignment
(Dixon021804k)
(Posted: March 12th 2004)
Civil:
Preliminary objection; venue; place payment is due
(robinson030504a)
(Posted: March 8th 2004)
Civil:
Motions to set aside/confirm arbitrator's award; Federal Arbitration Act; circumstances for vacation of award; correctness of arbitrators legal rulings
(amway030304a)
(Posted: March 8th 2004)
Commonwealth vs. Kramer, III
2.2.2004
Dudley N. Anderson
Criminal:
Motion to reconsider suppression; appeal filed; jurisdiction of the trial court; question of how decision terminates or substantially hampers prosecution
(kramer020204a)
(Posted: March 1st 2004)
DB vs. DB
2.2.2004
Richard A. Gray
Divorce:
Petition for special relief; survivorship benefit in pension plan to secure debt; limiting retirement options
(Brown020204g)
(Posted: March 1st 2004)
Civil:
Preliminary objections; tortuous interference and breach of contract claim; third party beneficiary; conspiracy; facts supporting claim
(Vincent020404k)
(Posted: March 1st 2004)
JQ vs. JM
2.5.2004
Richard A. Gray
Support:
Modification of child support agreement contained in separation agreement; changed circumstances; remand to master
(Quigel020504g)
(Posted: March 1st 2004)
KS vs. MS
2.17.2004
Richard A. Gray
Support:
Exceptions to child and spouse support; earning capacity; income determination based on pay stub rather than W-2 form
(Sheehan021304g)
(Posted: March 1st 2004)
JC vs. CS
2.13.2004
Richard A. Gray
Support:
Exceptions to child support; child's social security benefits; consideration of sabbatical expenses; deviation; health insurance obligation
(Clark021304g)
(Posted: March 1st 2004)
YB vs. MC
2.18.2004
Richard A. Gray
Support:
Exceptions to child and spouse support; calculation
(Bayza021804g)
(Posted: March 1st 2004)
Commonwealth vs. Moriarity
2.19.2004
William S. Kieser
Criminal:
License suspension appeal; DUI; consent to submit to blood test; sufficiency of the sample; medical evidence demonstrating physical inability to provide blood sample
(Moriarity021904k)
(Posted: March 1st 2004)
MC vs. MC
2.23.2004
Richard A. Gray
Support:
Exceptions to child support; support calculation; oral modification of agreement; waiver
(Counsil022304g)
(Posted: March 1st 2004)
TG vs. VH
2.24.2004
Richard A. Gray
Support:
Exceptions to child support; determination of income; deduction for payment to spouse under contract; health insurance reimbursement; equalization of incomes
(Griffin022404g)
(Posted: March 1st 2004)
Commonwealth vs. Kramer
3.1.2004
Dudley N. Anderson
Criminal:
Motions in limine; admissibility of speculative blood test report; defense lawyer as witness
(kramer030104a)
(Posted: March 1st 2004)
Commonwealth vs. Walker
1.30.2004
Nancy L. Butts
Criminal:
Petition for habeas corpus; simple assault by physical menace; threats accompanying spraying with unknown liquid, which was found to be water
(walker013004bt)
(Posted: February 26th 2004)
Commonwealth vs. Toner
2.5.2004
Nancy L. Butts
Criminal:
Commonwealth's motion to amend search warrant application where court neglected to sign the warrant but did seal the warrant; finding of probable cause
(toner020504bt)
(Posted: February 26th 2004)
Commonwealth vs. Wheelock
2.25.2004
Nancy L. Butts
Criminal:
Motion to suppress evidence; child pornography; probable cause to search; legality of entry into apartment by landlord
(wheelock022504bt)
(Posted: February 26th 2004)
Commonwealth vs. Illes
2.5.2004
Kenneth D. Brown
Criminal:
Motion to quash subpoena of custody mediator; subjects of testimony; exception to privilege for threats of bodily injury; interplay between defendant's constitutional rights and statutory privilege; relevance of lack of threats
(Illes020504br)
(Posted: February 25th 2004)
Commonwealth vs. Illes
1.6.2004
Kenneth D. Brown
Criminal:
Omnibus pretrial motion; motion in limine; admissibility of mtDNA evidence; Frye hearing
(illes010604br2)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
1.6.2004
Kenneth D. Brown
Criminal:
Motion to exclude phone conversations
(illes010604br3)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
1.6.2004
Kenneth D. Brown
Criminal:
Motion for discovery of handwritten notes
(illes010604br)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
1.7.2004
Kenneth D. Brown
Criminal:
Commonwealth's motion for reconsideration; production of grand jury transcripts; inherent power of court to monitor the progression and flow of case
(illes010704br)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
1.13.2004
Kenneth D. Brown
Criminal:
Motion for reconsideration of order concerning grand jury transcripts; eliminating or parsing out sections of testimony
(illes011304br)
(Posted: February 23rd 2004)
Civil:
Preliminary objections; underinsured motorist coverage waiver; required waiver language; substantial compliance; insurance department approval; remedy
(scott011504br)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
2.9.2004
Kenneth D. Brown
Criminal:
Commonwealth request to use preliminary hearing testimony; availability of witness; full and fair opportunity to cross examine witness
(Illes020904br)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
2.10.2004
Kenneth D. Brown
Criminal:
Motion to compel; psychologist privilege; no patient relationship
(Illes021004br)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
1.28.2004
Kenneth D. Brown
Criminal:
Motion to quash subpoena of state police records concerning internal affairs investigation, medical and psychological evaluation or treatment, and benefit information
(illes012804br)
(Posted: February 23rd 2004)
Commonwealth vs. Illes
12.17.2003
Kenneth D. Brown
Criminal:
Pretrial motion; murder case; habeas corpus; prima facie evidence; probable cause for search warrant; Frye test; expert testimony; bullet lead analysis; medical treatment exception to hearsay rule; discredited evidence; suppression of garbage evidence
(Illes121703br)
(Posted: February 12th 2004)
Commonwealth vs. Illes
12.18.2003
Kenneth D. Brown
Criminal:
Supplemental omnibus pretrial motion
(Illes121803br)
(Posted: February 12th 2004)
Commonwealth vs. Illes
12.29.2003
Kenneth D. Brown
Criminal:
Suppression motion; waiver of right to counsel; custodial interrogation; discovery; search
(Illes122903br)
(Posted: February 12th 2004)
CDH vs. DLH
2.4.2004
Dudley N. Anderson
Support:
Exceptions to child and spouse support; earning capacity; need to establish clientele as hair stylist; lack of grounds nullify spouse support award
(haugen020404a)
(Posted: February 10th 2004)
In re: NW
2.4.2004
Dudley N. Anderson
Adoption:
Appeal; termination of parental rights; smiling as evidence of mother/child bond; best interests of the child
(webster020404a)
(Posted: February 9th 2004)
Administrative Appeal:
Appeal from denial of extension of permit; mistake of law; estoppel by reliance; need for affirmative misrepresentation; "construction begun" defined
(asel020404a)
(Posted: February 9th 2004)
Fowler vs. Fowler
10.6.2003
Clinton W. Smith
Divorce:
Divorce; failure to execute affidavit of consent; conversion of support to alimony pendente lite; dismissal of divorce complaint
(fowler100603s)
(Posted: February 2nd 2004)
Commonwealth vs. Zink
1.12.2004
William S. Kieser
Criminal:
Post sentencing motion - motion for new trial; assault and theft; failure of juror to disclose acquaintance with jurors; failure of voir dire; waiver
(Zink011204k)
(Posted: February 2nd 2004)
Wills and Estates:
Appeal; objections to auditor's report; reasonableness of attorney and executor fees; executor's errors; payment of objector's attorney fees by estate; objector's due process rights
(Wright012304g)
(Posted: February 2nd 2004)
HZ vs. MZ; DL vs. MZ
1.25.2004
Dudley N. Anderson
Support:
Exceptions to child support; hold pending workers compensation claim resolution; arrearage
(zika012004a)
(Posted: January 30th 2004)
CLE vs. PAL
1.29.2004
Dudley N. Anderson
Support:
Exceptions to child support; support calculation; shared custody situation; income determination; income tax refund
(lorson012904a)
(Posted: January 30th 2004)
Civil:
Motion to compel answers to discovery; contract case; discovery concerning damages; specificity of answers; trial date moved
(regscan012804a)
(Posted: January 30th 2004)
CAL vs. RJL
1.20.2004
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity; earning calculation; documentation of medical expenses
(lange012004a)
(Posted: January 28th 2004)
CFC vs. LAC
1.27.2004
Dudley N. Anderson
Support:
Exceptions to spouse support; medical expenses; income calculation; evidence of separate estate
(conway012704a)
(Posted: January 28th 2004)
Commonwealth vs. Kramer
1.9.2004
Dudley N. Anderson
Criminal:
Omnibus pretrial motion; suppression; murder case; rule 600 violation; dismissal not motivated by bad faith; prejudice of time passage; violation of police jurisdiction act; statements made to fellow inmates; weight of evidence
(kramer010904a)
(Posted: January 22nd 2004)
Commonwealth vs. McGrath
1.8.2004
Dudley N. Anderson
Criminal:
Motion for Post Conviction Collateral Relief; drug case; plea agreement
(mcgrath010804a)
(Posted: January 22nd 2004)
Civil:
NOTE: See Nationwide v. Moustakidis, 830 A.2d 1288 (Pa.Super. 2003) -[Motion to compel arbitration; effect of release; legal right to recover damages]
(peluso111303br)
(Posted: January 16th 2004)
TLH vs. RAH
1.8.2004
Dudley N. Anderson
Support:
Exceptions to child support; retroactivity; modification for failure to report increase of income
(harlan010804a)
(Posted: January 14th 2004)
LMS vs. RIS
1.8.2004
Dudley N. Anderson
Divorce:
Exceptions to alimony pendente lite award
(saltsgiver010804a)
(Posted: January 14th 2004)
Civil:
Motion for summary judgment; assault and battery of employee - negligent hiring and supervision; statute of limitations; coordinate jurisdiction rule; procedural posture; discovery rule
(Kirkwood123103br)
(Posted: January 7th 2004)
Commonwealth vs. Miller
12.31.2003
William S. Kieser
Criminal:
Petition for post conviction relief; assault case; ineffective counsel; knowing waiver of right to testify; preservation of evidence; sequestration of witnesses
(Miller123103k)
(Posted: January 6th 2004)
Richards vs. Piatt Township
12.11.2003
William S. Kieser
Civil:
Motion for judgment on the pleadings; notice of anticipated claims; 6 month limitation; minor's claim; actual or constructive notice
(Richards121103k)
(Posted: January 5th 2004)
Civil:
Motion for summary judgment; medical malpractice case; expert testimony from qualified expert; 40 P.S. Section 1303.511; sufficient education, training, knowledge and experience
(Welch121503k)
(Posted: January 5th 2004)
Commonwealth vs. Blackwell
12.23.2003
William S. Kieser
Criminal:
Post Conviction Relief Act Petition; timeliness; jurisdiction; governmental interference; specificity of pleading
(Blackwell122303k)
(Posted: January 5th 2004)
McElroy vs. Hall
12.30.2003
William S. Kieser
Civil:
Preliminary objections; real estate transaction; misrepresentation and fraud; specificity; duty of title insurers
(McElroy123003k)
(Posted: January 5th 2004)
Commonwealth vs. Crossen
12.19.2003
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case; drug delivery resulting in death; culpability; malice
(crossen121903bt)
(Posted: January 2nd 2004)
Feist vs. Caprio and Allen
12.29.2003
Kenneth D. Brown
Civil:
Appeal; specific performance
(Feist122903br)
(Posted: January 2nd 2004)
Civil:
Motions for summary judgment; fact issue; landlord liability
(Beamer122903br)
(Posted: January 2nd 2004)
Civil:
Preliminary objections; specificity; corporate negligence
(Wolford123003br)
(Posted: January 2nd 2004)
Helmer-Hoffman vs. Butters
12.31.2003
Kenneth D. Brown
Civil:
Motion for new trial; admission of negligence; accident case; jury finding of no causation; pre-existing conditions; weight of evidence
(Helmer-Hoffman123103br)
(Posted: January 2nd 2004)
SKM vs. GVM
12.22.2003
Dudley N. Anderson
Support:
Exceptions to child support; determination of earning capacity
(miller122203a)
(Posted: December 22nd 2003)
JSV vs. KJ; SLH vs. KJ
12.12.2003
Dudley N. Anderson
Support:
Exceptions to child support; obligations to other children; worker's compensation
(vann121203a)
(Posted: December 12th 2003)
KP vs. AP
12.12.2003
Dudley N. Anderson
Support:
Exceptions to child support; pre-school expense; reasonable need
(patetta121203a)
(Posted: December 12th 2003)
Schappell vs. Springer
12.9.2003
Kenneth D. Brown
Civil:
Motion for judgment on the pleadings; statute of limitations; permanent or temporary and recurring injuries
(schappell120903br)
(Posted: December 9th 2003)
MC vs. JVS
12.3.2003
Dudley N. Anderson
Custody, Support:
Petition to assume jurisdiction and to enforce agreement; Intrastate Family Support Act; res judicata
(salvucci120303a)
(Posted: December 8th 2003)
Feaver vs. Emery
12.8.2003
Kenneth D. Brown
Civil:
Non jury trial verdict; replevin; artisan's lien; use of sheriff's sale to circumvent property interest
(Feaver120803br)
(Posted: December 8th 2003)
Civil:
Preliminary objections; failure to appeal zoning violation; conclusive determination; subject matter jurisdiction; waiver
(Piatt111903k)
(Posted: December 5th 2003)
Breisch vs. Sauers
11.26.2003
William S. Kieser
Civil:
Sheriff's interpleader; objection to sheriff's determination of ownership of vehicle; effect of title; resulting trust
(Breisch112603k)
(Posted: December 5th 2003)
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
11.26.2003
William S. Kieser
Civil:
Preliminary objections; improper repair of automobile; liability of shareholder; attorney fee claim; pleading consequential damages; gist of the action - contract claim; civil conspiracy; pleading a contract
(Adams112603k)
(Posted: December 5th 2003)
Commonwealth vs. Williams
11.7.2003
Dudley N. Anderson
Criminal:
Appeal; murder case; sufficiency of evidence; conspiracy; firearms offenses; waiver of issue by not objecting; conviction for 2nd and 3rd degree murder as inconsistent; demonstrative use of handgun; discriminatory intent in jury strike
(williams110703a)
(Posted: December 3rd 2003)
VDG vs. TG
11.12.2003
Dudley N. Anderson
Support:
Exceptions to child and spouse support; calculation; income/earning capacity; unemployment compensation
(gonzalez111203a)
(Posted: December 3rd 2003)
Commonwealth vs. Phillips
11.18.2003
William S. Kieser
Criminal:
Appeal; sentencing issues; waiver
(Phillips111803k)
(Posted: November 18th 2003)
Commonwealth vs. Cannon
11.17.2003
Dudley N. Anderson
Criminal:
Motion to dismiss; homicide case; former prosecution; same episode
(cannon111703a)
(Posted: November 17th 2003)
Criminal:
Motion for consolidation; prejudice; evidence of consciousness of guilt
(ambrose110703a)
(Posted: November 8th 2003)
Commonwealth vs. Sherwood
10.9.2003
Dudley N. Anderson
Criminal:
Appeal; restoration of firearms rights; impact on federal rights; effect of order
(sherwood100903a)
(Posted: November 6th 2003)
DAF vs. SF
10.9.2003
Dudley N. Anderson
Divorce:
Exceptions to child and spouse support; arrearage issue
(fowler100903a)
(Posted: November 6th 2003)
Civil:
Motion for summary judgment; contract case; issues of fact; ambiguity of contract
(Hall100603k)
(Posted: November 6th 2003)
SMC vs. DRY, Sr.
10.9.2003
Dudley N. Anderson
Support:
Exceptions to child support; determination of income; business expenses
(confer100903a)
(Posted: November 6th 2003)
Wills and Estates:
Intestacy; proof of relationship to deceased; presumption of paternity; exhumation for DNA testing; reasonable cause
(Amoroso101403s)
(Posted: November 6th 2003)
CH vs. SF
10.16.2003
Clinton W. Smith
Custody:
Appeal; grandparent custody; constitutionality of grandparent visitation act
(C.H.101603s)
(Posted: November 6th 2003)
Bogaczyk vs. Patterson
10.29.2003
Kenneth D. Brown
Civil:
Motion in limine; cause of action for parent's consortium; compensation for loss of life; medical expenses; pain and suffering of stillborn baby; cause of bleeding; medical testimony
(Bogaczyk102903br)
(Posted: November 6th 2003)
LMP vs. DJP
10.23.2003
Dudley N. Anderson
Support:
Exceptions to child and spouse support; income/earning capacity; retirement contributions
(pendrak102303a)
(Posted: November 6th 2003)
Administrative Appeal:
Land use appeal; conditional use; authority to determine conditions attached to conditional use; interpretation of zoning ordinance
(Kremser110403k)
(Posted: November 6th 2003)
Custody:
Appeal; petition to modify custody; artificial and deceptive notice of intent to remain in Lycoming County
(Daniele110503k)
(Posted: November 6th 2003)
Commonwealth vs. Jennings
10.29.2003
Dudley N. Anderson
Criminal:
Omnibus pre-trial motion; suppression; voluntariness of statements; search and seizure; suggestive lineup; probable cause; Miranda; custody
(jennings102903a)
(Posted: November 6th 2003)
Commonwealth vs. Fisher
11.5.2003
Dudley N. Anderson
Criminal:
Appeal; waiver of issues
(fisher110503a)
(Posted: November 6th 2003)
Commonwealth vs. Hall
10.3.2003
Dudley N. Anderson
Criminal:
Appeal
(hall110303a)
(Posted: November 6th 2003)
Civil:
Preliminary objections; motion to strike; liability of parents for negligence of son; amended complaint; mootness of preliminary objections; timeliness; deadline runs from mailing date
(Little110603k)
(Posted: November 6th 2003)
Simon vs. Forklifts, Inc.
11.6.2003
William S. Kieser
Civil:
Preliminary objections; demurrer; product liability claim; third party beneficiary contract; applicability of warranty claim in service contract; UCC warranties
(Simon110603k)
(Posted: November 6th 2003)
Commonwealth vs. Coleman
11.6.2003
Nancy L. Butts
Criminal:
Appeal; drug case; confidential informant; evidence of prior drug convictions of informant; hearsay; "asked and answered objection"; prejudice
(coleman110603bt)
(Posted: November 6th 2003)
Administrative Appeal:
Appeal; effect of official zoning map; administrative error; authority to amend zoning map
(Bostley110603k)
(Posted: November 6th 2003)
Commonwealth vs. Miller
8.28.2003
Dudley N. Anderson
Criminal:
Appeal; withdrawal of guilty plea; sex offenses; fair and just reason; prejudice
(miller082803a)
(Posted: October 3rd 2003)
Roy vs. Dowd
9.3.2003
Kenneth D. Brown
Civil:
Preliminary objections; informed consent; acid peel; chemotherapy; narrow interpretation of statute
(Roy090303br)
(Posted: October 3rd 2003)
Criminal:
Post Conviction Relief Act Petition; timeliness; exception for facts unknown to petitioner; interference by government officials; qualification to file petition without prison sentence
(Farmer090203br)
(Posted: October 3rd 2003)
SMS vs. RES
9.5.2003
Dudley N. Anderson
Support:
Exceptions to child support; determination of income; consideration of custody arrangement
(shnyder090503a)
(Posted: October 3rd 2003)
MRF vs. JLH
9.5.2003
Dudley N. Anderson
Support:
Exceptions to child support; determination of earning capacity; lump sum payments; tax obligations; health insurance
(forker090503a)
(Posted: October 3rd 2003)
Commonwealth vs. Hart
9.5.2003
Dudley N. Anderson
Criminal:
Petition for habeas corpus; escape; house arrest
(hart090503a)
(Posted: October 3rd 2003)
Commonwealth vs. Sanchez
9.9.2003
Dudley N. Anderson
Criminal:
Motion for reconsideration of sentence; timeliness; applicability of Ignition Interlock Device Act
(sanchez090903a)
(Posted: October 3rd 2003)
Commonwealth vs. Bartley
9.15.2003
Dudley N. Anderson
Criminal:
Appeal; DUI; sufficiency of evidence
(Bartley091503a)
(Posted: October 3rd 2003)
Civil:
Motion for summary judgment; fact issues based on expert testimony
(Goehrig091603br)
(Posted: October 3rd 2003)
DMP vs. JMP
9.17.2003
Dudley N. Anderson
Support:
Exceptions to child and spouse support; earning capacity; hearsay evidence
(padilione091703a)
(Posted: October 3rd 2003)
Commonwealth vs. Smith
9.24.2003
Dudley N. Anderson
Criminal:
Appeal; admission of photographs of victim; prejudice
(smith092403a)
(Posted: October 3rd 2003)