Commonwealth vs. Nicholas
1.17.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness
(Nicholas011713bt)
(Posted: January 18th 2013)
Commonwealth vs. SW
1.17.2013
Marc F. Lovecchio
Criminal:
Motion to sever; charges involving sexual misconduct with 2 different children; evidence admissible in a separate trial for the other; shared similarities; course of conduct; evidence capable of separation; prejudice
(SW011713L)
(Posted: January 17th 2013)
Commonwealth vs. Prentiss
1.15.2013
Marc F. Lovecchio
Criminal:
Pretrial motion challenging constitutionality of continued police investigation after release based on preliminary breath test at DUI checkpoint; observation of drug paraphernalia; consent to search; need for reasonable suspicion to search the vehicle; mere encounter at time consent to search obtained
(Prentiss011513L)
(Posted: January 16th 2013)
Commonwealth vs. Phillips
1.14.2013
Nancy L. Butts
Criminal:
Petition for habeas corpus; aggravated assault and related charges arising from a rampage at bar with a vehicle, cue balls and rocks; prima facie case; actions showing intent to cause serious bodily harm and extreme indifference to the value of human life; vehicle as deadly weapon
(Phillips011413bt)
(Posted: January 16th 2013)
Commonwealth vs. Gruver
1.14.2013
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case of attempted homicide; threat to kill accompanied by pursuit and the firing of a gunshot
(Gruver011413bt)
(Posted: January 16th 2013)
Rogers Estate
1.16.2013
Marc F. Lovecchio
Wills and Estates:
Exceptions; considerations in appointment of a successor trustee; intention of trust settlors; conflict of interest; testamentary capacity; undue influence; confidential relationship; existence of a power of attorney; shifting burden to show that transactions were free from taint
(rogers011613L)
(Posted: January 16th 2013)
Commonwealth vs. Sabur
1.14.2013
Marc F. Lovecchio
Criminal:
Appeal; voluntariness of waiver of counsel for purposes of appeal; dissatisfaction with appointed appeal counsel; standard for substitution of appointed counsel
(Sabur011413L)
(Posted: January 15th 2013)
Administrative Appeal:
Appeal of denial applications for demolition permits; failure to adopt findings supporting denial of demolition due to tied Council vote; support of substantial_x000d_
evidence; record devoid of any evidence supporting decision; abuse of discretion; constitutional challenges
(Lycoming011113g)
(Posted: January 11th 2013)
Commonwealth vs. Dickerson
1.10.2013
Marc F. Lovecchio
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion of innocence; question of whether New York offenses disqualify defendant from having a gun; prejudice to the Commonwealth
(Dickerson011013L)
(Posted: January 11th 2013)
Wilson vs. Barger
1.10.2013
Dudley N. Anderson
Civil:
Motion for post-trial relief; adequacy of verdict in admitted negligence auto accident case; no award for pain and suffering; Plaintiff with pre-existing conditions
(wilson011013a)
(Posted: January 10th 2013)
Commonwealth vs. DiSalvo
1.8.2013
Nancy L. Butts
Criminal:
Appeal; conviction for driving while license under suspension - fourth offense; sentence of incarceration; claim of manifestly excessive sentence
(Disalvo010813bt)
(Posted: January 8th 2013)
Commonwealth vs. Molina
1.7.2013
Nancy L. Butts
Criminal:
Motion in limine; availability of service station surveillance video used by police officer to confirm violation of law; best evidence rule; contemporaneous observation by officer of crime; cumulative evidence; unavailable original video that was never in the possession of the police
(Molina010713bt)
(Posted: January 8th 2013)
Commonwealth vs. Grissom
1.7.2013
Nancy L. Butts
Criminal:
Motion for release on nominal bail; rule 600; time for commencement of trial; excludable time; special conditions of bail
(Grissom010713bt)
(Posted: January 8th 2013)
Commonwealth vs. Nee
1.7.2013
Nancy L. Butts
Criminal:
Motion to dismiss for rule 600 violation; diligence of Commonwealth; due diligence not required where defendant fails to appear for hearing, while on bail
(Nee010713bt)
(Posted: January 8th 2013)
Commonwealth vs. Graham
1.7.2013
Nancy L. Butts
Criminal:
Suppression motion; warrantless search of a house; exigent circumstances; police engaged in hot pursuit of narcotics dealer; probable cause to arrest; plain view of drug paraphernalia; reasonable belief that arrested person is pursued felon; voluntariness of consent to search on reentry of home
(Graham010713bt)
(Posted: January 8th 2013)
Commonwealth vs. Bruscoe
1.7.2013
Nancy L. Butts
Criminal:
Appeal; contempt finding for violation of protection from abuse order; volitional conduct on the part of the defendant to bring him in contact with protected person at time when he knew she would be leaving work; credibility of witnesses; hearsay testimony elicited by objecting party; burden of proof
(Bruscoe010713bt)
(Posted: January 8th 2013)
Commonwealth vs. Reed
1.4.2013
Richard A. Gray
Criminal:
Commonwealth's motion in limine; prior bad acts evidence; common plan or scheme; probative value outweighs undue prejudice; evidence of prior crimen falsi convictions; remoteness
(Reed010413g)
(Posted: January 7th 2013)
Criminal:
Appeal; theft offenses by paralegal; sufficiency and weight of the evidence; excessive and unreasonable sentence; aggravated sentence due to the impact of the crime on a widowed senior citizen in a fragile economic and emotional_x000d_
condition
(McKissick010413g)
(Posted: January 7th 2013)
Commonwealth vs. Jackson
1.7.2013
Richard A. Gray
Criminal:
Post conviction relief act petition; ineffective counsel; evidence of prior bad acts to prove identity; use of bad acts testimony to negate witness credibility; cautionary instruction about evidence of co-defendant's guilty plea; harmless error; prosecutor's comments in closing argument addressing credibility issues raised by defense counsel; cumulative prejudicial effect of trial counsel's errors
(Jackson010713g)
(Posted: January 7th 2013)
Commonwealth vs. Keck
1.4.2013
Marc F. Lovecchio
Criminal:
Petition for a pre-preliminary hearing line-up; suggestive and tainted identification evidence; use of a disguise
(keck010413L)
(Posted: January 5th 2013)
Commonwealth vs. Jordan
1.3.2013
Marc F. Lovecchio
Criminal:
Habeas corpus petition; sufficiency of evidence of firearms violations; capability of firing a projectile; reasonable inference of operability of firearm
(jordan010313L)
(Posted: January 3rd 2013)
Commonwealth vs. Smith
1.3.2013
Marc F. Lovecchio
Criminal:
Petition for ROR bail; rule 600 requirement to set nominal bail after 180 days has expired; defendant with extensive criminal record and poor history of appearing for court; discretion of court to ignore rule 600 mandate; defendant too dangerous to be released; conditions to bail allowed
(smith010313L)
(Posted: January 3rd 2013)
Commonwealth vs. Illes
1.2.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; timeliness; exception to coordinate jurisdiction rule; partially deficient appellate brief; actual prejudice
(Illes010213L)
(Posted: January 2nd 2013)
Commonwealth vs. Boyd
1.2.2013
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; probable cause; observation of careless driving; late stop at a traffic light
(boyd010213L)
(Posted: January 2nd 2013)
Commonwealth vs. Drick
1.2.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; double jeopardy protections applying to summary direct criminal contempt
(Drick010213L)
(Posted: January 2nd 2013)
Cohick vs. Smith
12.20.2012
Richard A. Gray
Civil:
Non-jury trial in landlord tenant claim; implied warranty of habitability; withholding rent; defective hot water heater; credibility issues; liability for work performed or for claimed damage to the property; consumer protection claims
(Cohick122012g)
(Posted: December 20th 2012)
Secrest vs. Boob
12.20.2012
Richard A. Gray
Civil:
Motion for summary judgment; enforcement of property sales agreement; time of the essence; actions taken after proposed closing date; fact issues
(Secrest122012g)
(Posted: December 20th 2012)
Commonwealth vs. Thompson
12.20.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; drug case; voluntariness of guilty plea; entrapment defense; waiver of defenses
(Thompson122012bt)
(Posted: December 20th 2012)
Commonwealth vs. Tennis
12.19.2012
Marc F. Lovecchio
Criminal:
Post sentence motion for modification of sentence; history of mental illness that was not known by counsel at time of sentencing; independent post-sentencing assessment by psychiatrist; exaggeration of depression
(Tennis121912L)
(Posted: December 19th 2012)
Commonwealth vs. Ricks
12.18.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; no allegations of exceptions to 1 year time limit; waiver by failing to include claims in prior petition
(Ricks121812bt)
(Posted: December 18th 2012)
Commonwealth vs. Hines
12.18.2012
Nancy L. Butts
Criminal:
Pro se post conviction relief act petition; propriety of jury trial waiver; voluntariness; effectiveness of counsel; objection to prior record score calculation where sentence is driven by mandatory sentence; prejudice; specificity of claims
(Hines121812bt)
(Posted: December 18th 2012)
Commonwealth vs. Delaney
12.18.2012
Nancy L. Butts
Criminal:
Motion to suppress; parole officer search of vehicle; statutory authority to search; reasonable suspicion of violation; admissions made by parolee; prior supervisory history
(Delaney121812bt)
(Posted: December 18th 2012)
Commonwealth vs. Thompson
12.18.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; vehicle stop; probable cause; tinted window violation; pretext claim; pat down search; motion to dismiss; bail modification request
(thompson121812L)
(Posted: December 18th 2012)
Civil:
Motion for judgment on the pleadings; quiet title action; law of the case doctrine; claimed violation of the minimum royalty act; general denials as admissions; proper time to consider entering judgment
(southwesternjmt121812a)
(Posted: December 18th 2012)
Civil:
Writ of execution; garnishment of bank account that holds only social security disability proceeds or unemployment compensation benefits; federal and state exemptions from execution
(Portfolio121812g)
(Posted: December 18th 2012)
IN vs. TN
12.14.2012
Richard A. Gray
Civil:
Petition to modify custody; best interest of the children; ability to provide stable home life compared to lack of permanent residence
(IN121412g)
(Posted: December 14th 2012)
Commonwealth vs. Connelly
12.14.2012
Joy Reynolds McCoy
Criminal:
Appeal to Superior Court of summary conviction for disorderly conduct; public, loud, animated, profane conduct in the presence of a police officers; claim of protected speech
(Connelly121412m)
(Posted: December 14th 2012)
Commonwealth vs. Locke
12.11.2012
Marc F. Lovecchio
Criminal:
Post sentence motion; sexual offenses; sufficiency of evidence of exchange of communication; choice of wording in giving jury instructions; prompt complaint; prior consistent statements on redirect examination; charge of fabrication; anticipatory admission of a prior statement
(locke121112L)
(Posted: December 11th 2012)
Civil:
Preliminary objections to additional defendant complaint; claim against sewage enforcement officer; governmental immunity; negligent performance of governmental duties
(mcgee121112g)
(Posted: December 11th 2012)
In re Name Change of WK
12.11.2012
Richard A. Gray
Civil:
Petition for name change of child; child given step-father's name upon birth; mother's attempts to alienate child from father; consideration of natural bond between child and father; father actively pursuing relationship with child
(wek121112g)
(Posted: December 11th 2012)
Commonwealth vs. Morris
12.10.2012
Nancy L. Butts
Criminal:
Motion for release on nominal bail; rule 600; special conditions
(Morris121012bt)
(Posted: December 10th 2012)
Commonwealth vs. Swank
12.10.2012
Nancy L. Butts
Criminal:
Suppression motion; credibility issues; consent to enter a home; plain view exception to warrant requirement; legality of the search of the residence by parole officer; reasonable suspicion to believe that offender possesses contraband
(Swank121012bt)
(Posted: December 10th 2012)
Criminal:
Motion to suppress; knock and announce rule; futility of notice; fundamental constitutional concerns; technical non-compliance
(Fredericks121012bt)
(Posted: December 10th 2012)
Commonwealth vs. Frey
12.10.2012
Nancy L. Butts
Criminal:
Motion to reconsider reassignment of preliminary hearing; summary grant of transfer without notice or hearing; fairness or impartiality considerations with respect to issuing authority
(Frey121012bt)
(Posted: December 10th 2012)
RCM vs. KAM
12.10.2012
Joy Reynolds McCoy
Custody:
Preliminary objections to divorce complaint; proper venue for custody determination; uniform child custody jurisdiction act; convenience of forum; children now located in Clearfield County
(rm120712m)
(Posted: December 10th 2012)
Commonwealth vs. Brown
12.7.2012
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; violation of due process rights due to long delay in implementing sentence; 28 month and 6 month delays; Commonwealth negligence; prejudice
(Brown120712bt)
(Posted: December 9th 2012)
In re: ZL, a minor child
12.4.2012
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental control; infrequent contact with child during 9 year life; refusal to speak to guardian ad litem; lack of bond with child
(AdoptionofZL120412m)
(Posted: December 7th 2012)
Randis vs. Pittenger
12.7.2012
Richard A. Gray
Civil:
Motion for judgment on the pleadings; ejectment action; oral life estate; Statute of Frauds; parol evidence to supplement a written contract; equitable arguments; unclean hands
(Randis120712g)
(Posted: December 7th 2012)
Criminal:
Motion to dismiss criminal information; theft offenses; sufficiency of the evidence; prima facie case; hearsay evidence
(Kayhanfar120712bt)
(Posted: December 7th 2012)
CS vs. JV
12.7.2012
Joy Reynolds McCoy
Custody:
Petition for change of venue; proper venue for custody determination; uniform child custody jurisdiction act; significant connection to jurisdiction; convenience of venue
(cvs120712m)
(Posted: December 7th 2012)
Commonwealth vs. Dacenzo
12.5.2012
Nancy L. Butts
Criminal:
Post conviction hearing act petition; counsel's motion to withdraw and dismiss; timeliness; frequent transfers; access to legal materials
(Dacenzo120512bt)
(Posted: December 6th 2012)
In re MW, Jr, a minor child
11.30.2012
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; incarcerated parent; autistic child; progress of child after removal from parent's home; needs and welfare of the child; bond between the child and parent; abandonment; failure to use any of the means available to maintain relationship with child
(AdoptionofMWJr113012)
(Posted: December 6th 2012)
Civil:
Motion for summary judgment; neighboring landowners dispute; res judicata; prior district justice action; action not barred by prior judgment of non-pros; statute of limitations; continuing trespass
(mcclain120612a)
(Posted: December 6th 2012)
Commonwealth vs. Ernst
11.29.2012
Nancy L. Butts
Criminal:
Motion to compel placement into ARD; DUI; consideration of expunged juvenile record; discretion of the district attorney; statutory prohibition
(Ernst112912bt)
(Posted: December 5th 2012)
Civil:
Preliminary objections; personal injury claim involving door; specificity of the complaint in itemizing violations of statutes, codes and industry standards; legal basis for attorney fee claim; impertinent allegations relating to lost video surveillance; duty to assist elderly, overburdened customers to leave the store or to render medical care for injured patron
(kemmerer113012a)
(Posted: December 3rd 2012)
Commonwealth vs. Bailey
11.30.2012
Marc F. Lovecchio
Criminal:
Amendment of order denying post conviction relief act petition; withdrawal of counsel allowed
(Bailey113012L)
(Posted: November 30th 2012)
Commonwealth vs. Sowell
11.30.2012
Marc F. Lovecchio
Criminal:
Appeal; possession of a firearm by convicted felon; suggestion that charges should be dismissed because defendant was not photographed, fingerprinted or read Miranda rights; questioning consisting of routine booking questions; sufficiency of the evidence; claim that conviction cannot stand because gun was test-fired by police officer to prove it operable; waiver of confrontation rights by not objecting to questions to officers about identities of victims; lack of prejudice from claimed discovery violation; amount of bail; waiver of issues not raised at trial.
(Sowell113012L)
(Posted: November 30th 2012)
Civil:
Preliminary objections to answer and counterclaim; mineral right dispute; counterclaim for unjust enrichment; elements of cause of action; specificity of unauthorized practice of law averment
(Capouillez112812g)
(Posted: November 28th 2012)
Commonwealth vs. Bailey
11.28.2012
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; claimed breach of plea agreement by removing credit for time served; knowing and intelligent guilty plea; proper method of obtaining relief for failure of Corrections Department to follow order; denial of counsel's request to withdraw
(Bailey112812L)
(Posted: November 28th 2012)
BH vs. RH
11.27.2012
Dudley N. Anderson
Support:
Use of single pay stub to calculate monthly income; mortgage contribution; deduction for actual support payments only; custody adjustments
(bh112712a)
(Posted: November 27th 2012)
Commonwealth vs. Mills
11.20.2012
Marc F. Lovecchio
Civil:
Appeal; weight of the evidence; evidence intent to deliver drugs; drugs in common areas of home; excessive sentence; mandatory minimum sentencing requirement
(Mills112012L)
(Posted: November 20th 2012)
JJ vs. BF
11.20.2012
Joy Reynolds McCoy
Custody:
Petition for genetic testing; no presumption of paternity or estoppel
(JJ112012m)
(Posted: November 20th 2012)
Commonwealth vs. Thompson
11.19.2012
Marc F. Lovecchio
Criminal:
Appeal; non-jury verdict; harassment; weight of the evidence
(Thompson111912L)
(Posted: November 19th 2012)
Civil:
Preliminary objections; specificity of the complaint; scandalous and impertinent matter; autopsy's reference to homicide due to failed intubation by a physician; legal insufficiency; corporate liability claim; constructive notice; negligence per se; question of whether statute was established to protect a class of individuals; punitive damages; willful and wanton conduct; reckless indifference
(Hamm111612g)
(Posted: November 16th 2012)
Commonwealth vs. Sander
11.15.2012
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition denial
(Sander111512bt)
(Posted: November 15th 2012)
Civil:
Preliminary objections; legal sufficiency of complaint; alternative pleading; terminating contingent fee agreement with attorney; quantum meruit for fees; specificity of complaint
(Biersdorf111512g)
(Posted: November 15th 2012)
Commonwealth vs. Gadra
11.15.2012
Marc F. Lovecchio
Criminal:
Appeal
(Gadra111512L)
(Posted: November 15th 2012)
Administrative Appeal:
Petition to set aside upset tax sale; claim of defective notice; compliance with notice requirements and actual notice established; credibility determinations
(taxclaimbureaunapp111412a)
(Posted: November 14th 2012)
Green Estate
11.13.2012
Marc F. Lovecchio
Wills and Estates:
Objections to power of attorney' accounting ; claimed breach of fiduciary duties; burden of proof; credibility of the testimony; life insurance issues outside the scope of objections
(green11132012L)
(Posted: November 13th 2012)
Commonwealth vs. Eiland
11.13.2012
Nancy L. Butts
Criminal:
Motion to suppress; warrantless vehicle search; reasonable suspicion to stop vehicle; exigent circumstances justifying a search
(Eiland111312bt)
(Posted: November 13th 2012)
Commonwealth vs. LQ
11.13.2012
Nancy L. Butts
Criminal:
Petitions for expungement; standards applicable in case of conviction or guilty plea; summary offenses
(Quinn111312bt)
(Posted: November 13th 2012)
Commonwealth vs. Lyons
11.13.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel for not raising the issue of defendant's waiving counsel during jury selection; appeal strategy of foregoing issues on appeal of questionable merit; timeliness
(Lyons111312bt)
(Posted: November 13th 2012)
Commonwealth vs. Wyland
11.13.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; knowing voluntarily, and intelligent plea; refusal to move withdraw plea; prejudice; rule 600 delay claim; waiver of all defects by pleading guilty; non-specific claim that counsel failed to investigate
(Wyland111312bt)
(Posted: November 13th 2012)
Commonwealth vs. Coker
11.8.2012
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; timeliness; failure to respond to order under rule 1925
(Coker110812bt)
(Posted: November 9th 2012)
Civil:
Non-jury trial; landlord tenant action; government subsidized housing; termination of lease for repeated late payment of rent; effect of required annual income recertification performed after termination of lease
(williamsportvillage102612a)
(Posted: November 8th 2012)
Commonwealth vs. Harman
11.7.2012
Nancy L. Butts
Criminal:
Pro se post conviction relief act petition; timeliness; exception for retroactive constitutional right; previously litigated issues
(Harman110712bt)
(Posted: November 8th 2012)
Commonwealth vs. Handy
11.2.2012
Dudley N. Anderson
Criminal:
Commonwealth motion for reconsideration of sentence; RRRI eligibility; juvenile adjudications; boot camp program; compliance with sentencing agreement where release can be in less than the agreed time
(handy110212a)
(Posted: November 5th 2012)
FJS vs. WKG
11.1.2012
Dudley N. Anderson
Custody:
Grandfather's petition for contempt in custody case; repeated failure to provide visitation; sanction of incarceration
(fjs110112a)
(Posted: November 2nd 2012)
Commonwealth vs. Shaible
11.2.2012
Marc F. Lovecchio
Criminal:
Motion to suppress; vehicle stop; reasonable suspicion; observations of possible intoxication after vehicle stop occurred
(Shaible110212L)
(Posted: November 2nd 2012)
Criminal:
Motion to dismiss for prosecutorial misconduct that provoked a mistrial; double jeopardy; three mistrials; unintentional conduct
(Patton110212g)
(Posted: November 2nd 2012)
Commonwealth vs. Illes
11.2.2012
Marc F. Lovecchio
Criminal:
Amended second petition for post-conviction relief; claim for restoration of appeal rights due to ineffective counsel; jurisdiction; need for prima facie showing that a miscarriage of justice occurred; elements of claim of ineffective counsel; prejudice
(Illes110212L)
(Posted: November 2nd 2012)
Civil:
Preliminary objections; private cause of action under the Pennsylvania Real Estate Licensing and Registration Act; authority of corporate president to act for the corporation in signing an agreement; consideration for assignment; personal liability of corporate president; piercing the corporate veil
(redearth102912g)
(Posted: October 29th 2012)
In re: CJG
10.29.2012
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim to a child; failure to perform parental duties; no contact with child for 4 years; no payment of support; attempt to place onus on custodial parent to provide for contact; no bond with child
(AdoptionofCJG102912m)
(Posted: October 29th 2012)
Brown vs. Ritter
10.24.2012
Dudley N. Anderson
Civil:
Non-jury trial; malicious prosecution claim; probable cause for filing criminal complaint; assault and battery claim; credibility issues; intentional contact; punitive damages; outrageous conduct; damages awarded
(brown102412a)
(Posted: October 24th 2012)
Civil:
Preliminary objections; fraud claim; gist of the action doctrine; standing; claim under the Unfair Trade Practices and Consumer Protection Law; need to show common law fraud
(Courtright102412g)
(Posted: October 24th 2012)
Commonwealth vs. Chase
10.23.2012
Nancy L. Butts
Criminal:
Appeal; revocation of intermediate punishment sentence; violation of conditions of program; sentencing discretion; excessive sentence; probationary order not serving desired rehabilitation effect
(Chase102312bt)
(Posted: October 23rd 2012)
Commonwealth vs. Woodring
10.23.2012
Nancy L. Butts
Criminal:
Appeal of denial of post conviction relief act petition; hearing requirement; issues of fact
(Woodring102312bt)
(Posted: October 23rd 2012)
Commonwealth vs. Mincy
10.23.2012
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness of petition; claimed retroactive constitutional right that has been recognized in Pennsylvania for years
(Mincy102312bt)
(Posted: October 23rd 2012)
Civil:
Motion to compel testimony of party and to overrule objections; questions regarding past and present office procedures and questions seeking party's expert opinions; subsequent remedial measures; hypothetical questions; applicability of expert discovery rules to parties; compelling party to give expert testimony and render new opinions
(Meyers102212g)
(Posted: October 22nd 2012)
Civil:
Request to strike lis pendens and motion for more specific pleadings; claim for money damages; Statute of Frauds; sufficiency of allegation for unjust enrichment
(Gerber102212g)
(Posted: October 22nd 2012)
Commonwealth vs. Aikey
10.22.2012
Marc F. Lovecchio
Criminal:
Motion for return of a confiscated pipe; derivative contraband; nexus between the property and the alleged criminal activity; intent to use pipe to smoke marijuana; condition of pipe
(aikey102212L)
(Posted: October 22nd 2012)
In Re: DJH
10.19.2012
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; obstacles placed by parent to visitation; half-hearted attempts to visit child; burden of proof; totality of circumstances; lack of proof of incapacity, abuse, neglect or refusal
(AdoptionofDJH101912m)
(Posted: October 19th 2012)
Civil:
Preliminary objections; corporate liability claim against physician practice group
(Packard101812g)
(Posted: October 18th 2012)
Civil:
Motion to compel a non-party's compliance with subpoena; Peer Review Protection Act; applicability of Act to corporation as opposed to a medical facility; protection of records that were part of a peer review process as opposed to records generated as business record; motion to determine sufficiency of answers to requests for admissions; objection based on lack of pleaded claim related to the admission requested; objection to admission requests that call for a legal conclusions
(meyers101812g)
(Posted: October 18th 2012)
MMT vs. SET
10.18.2012
Joy Reynolds McCoy
Support:
Petition for spousal and child support; income calculation; claim for expense of children's extracurricular activities; reasonableness of cost of extracurricular activities, in light of parties' income
(Taylor101812m)
(Posted: October 18th 2012)
Young vs Dantonio
10.16.2012
Richard A. Gray
Civil:
Motions for summary judgment; factual dispute; meeting of the minds in a contract case; existence of a reserve price
(Young101612g)
(Posted: October 16th 2012)
Administrative Appeal:
Objections to municipal lien; compliance with borough ordinances; non-compliant cracked clay sewer pipe; attempt to remedy non-compliance with replacement of portion of clay pipe; insufficient, improper and invalid defenses raised in affidavit; entitlement to attorney fees
(Lycoming101612g)
(Posted: October 16th 2012)