Commonwealth vs. Bozochovic
12.29.2011
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; probation violation; ineffective counsel; claimed promise by counsel of a certain sentence; credibility issues
(Bozochovic122911L)
(Posted: January 3rd 2012)
Commonwealth vs. Boothe
12.29.2011
Marc F. Lovecchio
Criminal:
Appeal; drug case; denial of post sentence motion; weight of the evidence; credibility of witnesses at trial; claim of excessive sentence
(Boothe122911L)
(Posted: January 3rd 2012)
Civil:
Motions for judgment on the pleadings; ownership of natural gas rights; rule in Dunham v. Kirkpatrick; rebuttable presumption that natural gas is not a mineral; rule of construction against grantor
(day12302011g)
(Posted: December 30th 2011)
Commonwealth vs. Mosley
12.23.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Mosely122311bt)
(Posted: December 23rd 2011)
Commonwealth vs. Downs
12.23.2011
Nancy L. Butts
Criminal:
Motion to dismiss; rule 600; excludable time; Commonwealth continuance concurred in by defendant
(Downs122311bt)
(Posted: December 23rd 2011)
Commonwealth vs. Crissman
12.21.2011
Nancy L. Butts
Criminal:
Petition for writ of habeas corpus; prima facie case; aiming and shooting a gun in vicinity of victim as aggravated assault, simple assault or reckless endangerment
(Crissman122211bt)
(Posted: December 21st 2011)
Commonwealth vs. Thornton
12.13.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; sufficiency of the guilty plea colloquy; written colloquy; admitted guilt on record; ineffective counsel; failure to negotiate a plea to less than 3 charges; lack of impact on the sentence; specificity of the petition; failure to object to improperly calculated prior record score; need for a factual hearing
(Thornton121311bt)
(Posted: December 13th 2011)
Civil:
Preliminary objections; contract case; demurrer; enforceability of a contract; conditions precedent; pleading of essential terms; fact questions precluding dismissal of the suit
(Anadarko12132011g)
(Posted: December 13th 2011)
Commonwealth vs. McIntosh
12.12.2011
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; ineffective counsel; police officer expert testimony; rules governing expert disclosure; need for written expert report; testimony of co-conspirators regarding prior drug activity; prior bad acts; evidence of guilty plea of co-conspirator, requesting a corrupt source charge; trial counsel strategy; impact on the outcome of the trial
(McIntosh121211bt)
(Posted: December 12th 2011)
Commonwealth vs. Mitchell
12.12.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; murder case; missing witness charge where witness does not respond to subpoena; refusal to excuse juror who had seen news coverage; evidence that supports claim; ineffective counsel; failure to investigate information from defendant; waiver; evidence of alternative murderer; advice of counsel on plea agreement
(Mitchell121211bt)
(Posted: December 12th 2011)
Commonwealth vs. Howard
12.12.2011
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition; ineffective counsel
(Howard121211bt)
(Posted: December 12th 2011)
Winner vs. Orwig
12.9.2011
Richard A. Gray
Civil:
Appeal; denial of motion to remand to master in partition matter; case on remand from appeal; issue reduced to final judgment and not preserved in previous appeals
(winner120911g)
(Posted: December 9th 2011)
Civil:
Motion for summary judgment; claim for damages due to mishandled drug evaluation; loss of nursing license; causation; supplementation of record with expert report
(conti120911a)
(Posted: December 9th 2011)
Civil:
Preliminary objections; alleged violations of civil rights, criminal fraud, deceptive business practices, mail fraud, illegal taxation, breach of contract, and_x000d_
racketeering criminal enterprise; personal and subject matter jurisdiction; lack of service; standing to object to tax assessment; statutory remedies; exhaustion of administrative remedies
(hill120712g)
(Posted: December 8th 2011)
MLM vs. WCB
12.8.2011
Joy Reynolds McCoy
Divorce:
Petitions for contempt for failure to comply with property settlement agreement; affect of mutual releases in agreement to relieve a party of violation of the agreement, where agreement was reaffirmed after the violation; timeliness of compliance with terms of agreement when no time specified; contempt where party lacked ability to comply with the agreement; need for an order to enforce an agreement through contempt petition
(Murphy120811m)
(Posted: December 8th 2011)
YCS vs. RM
12.8.2011
Joy Reynolds McCoy
Divorce:
Claim for alimony pendente lite; consideration of the short duration of the marriage; use of alimony factors when deviating from support guidelines
(Manoharan12811m)
(Posted: December 8th 2011)
YCS vs RM
12.8.2011
Joy Reynolds McCoy
Divorce:
Exceptions to master's report; alimony pendente lite; consideration of short length of marriage
(Manoharan122311m)
(Posted: December 8th 2011)
EMA vs. JBA
12.5.2011
Richard A. Gray
Support:
Appeal; child support; enforcement of agreement; contempt petition; burden of proof to show contempt; credibility of witnesses; attempt to reopen the record to provide rebuttal evidence; discretion of the court; lack of a good reason and proper showing as to why the record should be reopened.
(ema120511g)
(Posted: December 6th 2011)
Commonwealth vs. Rupert
11.28.2011
Richard A. Gray
Criminal:
Appeal; post conviction relief act petition; timeliness
(rupert112811g)
(Posted: November 28th 2011)
Commonwealth vs.Monroe
11.23.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; drug case; search and seizure; ineffective counsel; issues addressed by prior appeal; testimony of police officer as expert; appropriateness of use of oral motion in limine to address potential testimonial issues, thereby allowing a substitute witness to be called; prejudicial closing argument; vouching for truthfulness of police officer; necessity for expert to prepare a report
(Monroe112311bt)
(Posted: November 23rd 2011)
Criminal:
Motion for authorization of costs and fees for forensic psychiatric evaluation; use of insanity defense in juvenile proceeding; statutory authority; purposes and procedures of the Juvenile Act
(NMJ112111g)
(Posted: November 21st 2011)
SK vs. TO
11.21.2011
Joy Reynolds McCoy
Custody:
Appeal; custody modification petition; fast track appeal; jurisdiction; claimed due process violation because court refused a continuance or a telephone testimony; adequacy of notice; evaluation of education choices for autistic child; homeschooling; authorization of Children and Youth action to enforce court orders
(ONeil112111m)
(Posted: November 21st 2011)
Commonwealth vs. Richardson
11.21.2011
Marc F. Lovecchio
Criminal:
Non-jury trial; prisoner assault case; credibility determinations; elements of assault and aggravated assault
(Richardson112111L)
(Posted: November 21st 2011)
Commonwealth vs. Scott
11.21.2011
Nancy L. Butts
Criminal:
Appeal; post conviction relief act petition
(Scott112111bt)
(Posted: November 21st 2011)
NT vs. MT
11.18.2011
Dudley N. Anderson
Divorce:
Motion to vacate post-nuptial agreement; fraud, lack of disclosure and_x000d_
unconscionability; full and fair disclosure
(tartaglione111811a)
(Posted: November 18th 2011)
Commonwealth vs. Rogers
11.16.2011
Nancy L. Butts
Criminal:
Post sentence motion; weight of the evidence; drug case; consistency of verdict of acquittal for delivery of a controlled substance and conviction for criminal use of a communication facility; necessity of consecutive period of supervision; rehabilitation goal; applicability of school zone mandatory minimum; including a nursery school as a school under the enhancement statute
(Rogers111611bt)
(Posted: November 16th 2011)
MPS vs. TJS
11.15.2011
Joy Reynolds McCoy
Support, Divorce:
Petition to interpret agreement; jurisdiction of the court; intent of parties under contract law; mortgage payment in lieu of child support; authority of parents to bargain away child support; public policy
(mps111511m)
(Posted: November 15th 2011)
Commonwealth vs. Reiman
11.10.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; assault and drug conviction in a non-jury trial; legality of sentence; merger of offenses; conviction of more than one inchoate offense relating to the same crime; status of attempted assault as defined by the statute, as an inchoate crime; claim that sentence to Pre-Release Center is partial confinement; intermediate punishment
(Reiman111011bt)
(Posted: November 10th 2011)
Commonwealth vs. Hayduk
10.13.2011
Marc F. Lovecchio
Criminal:
Competency of the victim to testify; tender years act; capacity to perceive the nature of the events about which testimony is being elicited; impact on child of conversations with mother; independent recollection; incompetency merely because of age
(Hayduk101311L)
(Posted: November 7th 2011)
Commonwealth vs. Webb
10.21.2011
Marc F. Lovecchio
Criminal:
Suppression motion; officer's reasonable belief that a traffic violation occurred as a basis for a traffic stop
(Webb102111L)
(Posted: November 7th 2011)
Commonwealth vs. Segraves
10.21.2011
Marc F. Lovecchio
Criminal:
Appeal; weight and sufficiency of evidence of endangering the welfare of a child; parent's knowledge of sexual abuse of her child; evidence that parent attempted to protect perpetrator to detriment of child; need for criminal verdicts to be consistent; conviction of endangering where perpetrator is not convicted of the sexual offense
(Segraves102111L)
(Posted: November 7th 2011)
Commonwealth vs. Matty
11.7.2011
Dudley N. Anderson
Criminal:
Appeal; merger of sentences; remand for resentencing
(matty110711a)
(Posted: November 7th 2011)
Commonwealth vs. White
11.4.2011
Marc F. Lovecchio
Criminal:
Appeal; legality of sentence; waivability of RRRI minimum sentence; discretion of district attorney; discretion allowed by the statute; waiver of issues not preserved at sentencing or in post sentence motion
(White110411L)
(Posted: November 7th 2011)
Commonwealth vs. Lucas
11.4.2011
Marc F. Lovecchio
Criminal:
Appeal; discretion of court to sentence in the aggravated range; consideration of two prior ARDs; history of long term drinking problem and disregard of traffic laws; impact of dispositions not counted in the prior record score
(Lucas110411L)
(Posted: November 7th 2011)
Monro vs. Eck
11.4.2011
Dudley N. Anderson
Civil:
Non-jury trial; replevin; claim of gift; clear and convincing evidence; credibility
(munro110411a)
(Posted: November 6th 2011)
Commonwealth vs. Blackman
11.4.2011
Marc F. Lovecchio
Criminal:
Motion to dismiss; rule 600; efforts to locate and apprehend defendant after the criminal complaint filed; due diligence; defendant jailed in another jurisdiction
(blackman110411L)
(Posted: November 4th 2011)
Commonwealth vs. Hall
11.4.2011
Marc F. Lovecchio
Criminal:
Motion for credit; arrest on one charge and later prosecuted on charge growing out of act occurring before arrest
(hall110411L)
(Posted: November 4th 2011)
Commonwealth vs. Wyland
10.25.2011
Nancy L. Butts
Criminal:
Appeal; consecutive sentence to new criminal charges; discretionary aspects of the sentence; revocation of probation; crimes committed while on probation
(Wyland102511bt)
(Posted: October 25th 2011)
Commonwealth vs. Tanner
10.25.2011
Nancy L. Butts
Criminal:
Appeal; competency issue; waiver of Miranda rights
(Tanner102511bt)
(Posted: October 25th 2011)
Commonwealth vs. Cassidy
10.21.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility; defendant no longer serving a sentence at the time of the petition
(Cassidy102111bt)
(Posted: October 21st 2011)
Commonwealth vs. Scott
10.20.2011
Nancy L. Butts
Criminal:
Appeal of non-final order dismissing post conviction hearing act petition; jurisdiction of the court; admissions made during the guilty plea hearing
(Scott102011bt)
(Posted: October 20th 2011)
Civil:
Appeal
(Dreher101911g)
(Posted: October 19th 2011)
Civil:
Non-jury trial; verdict for defendant in a case involving a fall; obvious and known condition
(Litz101911g)
(Posted: October 19th 2011)
Commonwealth vs. Rupert
10.13.2011
Richard A. Gray
Criminal:
Post conviction relief act petition; timeliness; exceptions
(Rupert101311g)
(Posted: October 13th 2011)
Commonwealth vs. Matty
9.30.2011
Nancy L. Butts
Criminal:
Suppression motion; warrantless vehicle seizure and search
(Matty093011bt)
(Posted: October 4th 2011)
Criminal:
Motion to consolidate; drug case; conspiracy counts; prejudice; Bruton problem due to statement by one defendant implicating the other; use of redaction and jury instruction limiting consideration of statement; judicial economy
(Robinson091011L)
(Posted: October 3rd 2011)
Commonwealth vs. Prechtl
9.23.2011
Marc F. Lovecchio
Criminal:
Suppression motion; DUI; mere encounter of defendant in a parked, running vehicle; officer's observations of defendant's intoxicated appearance
(Prechtl092311L)
(Posted: October 3rd 2011)
Commonwealth vs. Snook
9.27.2011
Marc F. Lovecchio
Criminal:
Oral post trial motion; double jeopardy and eligibility for the recidivism risk reduction incentive program; sentencing enhancement; lesser included offense; jurisdiction to resentence on issue not remanded by Superior Court; waiver; eligibility for RRRI minimum sentence
(Snook092711L)
(Posted: October 3rd 2011)
Criminal:
Motions for modification of restitution; burden of proof; clear and convincing evidence; credibility of victim compared to credibility of defendants
(buck092811L)
(Posted: October 3rd 2011)
Civil:
Non-jury trial; specific performance; contract for the sale of real estate; writing satisfying statute of frauds; minor discrepancies in terms
(Hoffman093011g)
(Posted: October 3rd 2011)
Criminal:
Petition for habeas corpus; sufficiency of evidence of aggravated assault; circumstantial evidence of intent to cause serious injury
(Richardson092711bt)
(Posted: September 28th 2011)
Commonwealth vs. Mullen
9.27.2011
Nancy L. Butts
Criminal:
Appeal; claim of harsh and excessive sentence; revocation of probation; relevance of prior record score; history of probation violations and resisting authority
(Mullen092711bt)
(Posted: September 28th 2011)
Commonwealth vs. Degarmo
9.21.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; knowing, voluntary, and intelligent guilty plea; elements of aggravated assault; child abuse
(Degarmo092111bt)
(Posted: September 23rd 2011)
Civil:
Subdivision and land development appeal; standard of review; requested waiver of road width and cul-de-sac requirements of the Lycoming County Subdivision and Land Development Ordinance; power to deny subdivision approval based upon generalized concerns over environmental impact; adequacy of hearing and record keeping
(rose092211g)
(Posted: September 23rd 2011)
Commonwealth vs. Matty
9.21.2011
Dudley N. Anderson
Criminal:
Post-sentence motion for judgment of acquittal; drug possession; sufficiency of evidence
(matty092111a)
(Posted: September 22nd 2011)
Commonwealth vs. Balliet
9.16.2011
Nancy L. Butts
Criminal:
Motion to suppress; probable cause in the search warrant application; request for sample of DNA to connect defendant to crime; sufficient evidence connecting defendant to theft crime
(Balliet091611bt)
(Posted: September 20th 2011)
Commonwealth vs. Bilbay
9.16.2011
Nancy L. Butts
Criminal:
Motion to suppress evidence; use of zoom lens to view defendant's out-of-doors activities; search of a trash dumpster with public access; reasonable expectation of privacy; voluntariness of waiver of Miranda rights
(Bilbay091611bt)
(Posted: September 20th 2011)
Commonwealth vs. Winter
9.16.2011
Nancy L. Butts
Criminal:
Appeal of sentencing order; claimed excessive and harsh sentence; discretionary aspect of sentence; revocation of probation; multiple violations of probation conditions
(Winter091611bt)
(Posted: September 20th 2011)
Commonwealth vs. Cassidy
9.20.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; coerced guilty plea; detailed guilty plea colloquy
(Cassidy092011bt)
(Posted: September 20th 2011)
In re AS, a minor child
9.16.2011
Joy Reynolds McCoy
Adoption:
Motion for modification of child's placement; removal from her resource home_x000d_
to place into kinship home; considering placement with relatives; best interests of the child; proposed placement with great grand parents; age and health considerations; lack of contact with parents
(as091611m)
(Posted: September 19th 2011)
Commonwealth vs. Davis
9.16.2011
Nancy L. Butts
Criminal:
Motion to suppress; drug case; warrantless search of a home; exigent circumstances; suspected destruction of evidence
(Davis091611bt)
(Posted: September 19th 2011)
Civil:
Summary judgment motion; real estate exception to immunity; lack of evidence of causation; extending sovereign immunity to contractor; contractor performing work as required by specifications; defending defective roadway claim by pointing to criminal negligence of driver; abrogation of assumption of the risk defense
(Graham091611g)
(Posted: September 17th 2011)
Civil:
Motion for summary judgment; trip and fall; governmental immunity; notice of a sidewalk defect; constructive notice; evidence of length of time defect existed
(dreher091311g)
(Posted: September 14th 2011)
RL vs. RL
9.13.2011
Joy Reynolds McCoy
Divorce:
Exceptions to equitable distribution and alimony; amount and duration of alimony; credit for support payments; gap between distribution order and QDRO implementation; allowing option to pay present value of survivorship benefit of pension or prepare QDRO; minimum wage earning capacity assessed for college graduate, stay at home mother; cash award where there are no liquid marital assets
(rl091311m)
(Posted: September 14th 2011)
TCS vs. CGR
8.19.2011
Marc F. Lovecchio
Custody:
Petition to determine whether best interest of child is attending kindergarten this year or next; shared custody; disadvantages of younger child
(JS081911L)
(Posted: September 12th 2011)
Commonwealth vs. Mutchler
8.29.2011
Marc F. Lovecchio
Criminal:
Motions to suppress and dismiss; Miranda warnings; question of custodial interrogation; voluntary interview; booking questions designed to determine if defendant was an addict or user of narcotics; canine sniff of house for drugs after permission to search given in shooting investigation; claimed vindictive prosecution because of refusal to testify
(mutchler082911L)
(Posted: September 12th 2011)
Commonwealth vs. Reeves
8.3.2011
Marc F. Lovecchio
Criminal:
Petition for habeas corpus; assault and endangering the welfare of children; hearsay evidence; excited utterances to 911 operator; independent evidence of a startling event; right to confront witness
(reeves080311L)
(Posted: September 12th 2011)
Commonwealth vs. Moore
9.8.2011
Marc F. Lovecchio
Criminal:
Commonwealth's motion to reconsider new trial order; after discovered evidence; credibility of recantation testimony
(Moore090811L)
(Posted: September 12th 2011)
Commonwealth vs. Johnson
8.26.2011
Nancy L. Butts
Criminal:
Motion to preclude insanity defense; expert opinion meeting the definition of any legally recognized mental infirmity defense; element of appreciation
(Johnson082611bt)
(Posted: September 7th 2011)
CLH vs. LLH
9.7.2011
Dudley N. Anderson
Divorce:
Motion to strike marital property settlement agreement favoring one party because of health issues; claim that health is better than represented; fraud in the inducement; need for clear and convincing evidence; adequacy of proof
(huber090711a)
(Posted: September 7th 2011)
JR vs. JR
9.7.2011
Dudley N. Anderson
Divorce:
Exceptions to child support order; minimum wage income assessment; claimed inability to work because of medical appointments; calculation of income
(ritter090711a)
(Posted: September 7th 2011)
Commonwealth vs. Howard
9.1.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; drug case; ineffective counsel; failure to file suppression motion relating to probable cause to search a residence and claimed violation of the knock and announce rule; stale information in affidavit; overbroad warrant; objecting to trial testimony about unrelated criminal activity; advice to defendant on right to testify at trial
(Howard090111bt)
(Posted: September 7th 2011)
Commonwealth vs. Scott
9.7.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; drug case; ineffective counsel; factual basis for plea on weapon change; timing of notice of intent to seek 5 year mandatory gun enhancement sentence; advising guilty plea before obtaining discovery; knowing, voluntary, and intelligent plea; failure to move to suppress evidence; waiver of motions by pleading guilty; incorrectly calculated prior record score
(Scott090711bt)
(Posted: September 7th 2011)
Commonwealth vs. Johnson
9.1.2011
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; proof needed to establish suggestive photo identification; prejudice from providing handwritten criminal histories of Commonwealth witnesses; prejudicial closing arguments of prosecutor
(Johnson090111bt)
(Posted: September 7th 2011)
Meyer vs. Bower
9.7.2011
Richard A. Gray
Civil:
Motion for summary judgment; limited tort motor vehicle insurance policy; question of serious injury; factual issues for jury
(Meyer090711g)
(Posted: September 7th 2011)
CF vs. EF
8.30.2011
Joy Reynolds McCoy
Divorce:
Petition to vacate divorce decree to raise economic issues; time limitation; defect on the face of the record or fraud; waiver by failure to raise economic issues in counterclaim; claimed due process violation; failure to follow rules of procedure to preserve claims
(Forba83011m)
(Posted: September 1st 2011)
Commonwealth vs. Stanton
8.31.2011
Nancy L. Butts
Criminal:
Appeal; challenge to discretionary aspects of sentence; extensive prior record; significance of old, foreign convictions; eligibility for RRRI sentence
(Stanton083011bt)
(Posted: August 31st 2011)
Commonwealth vs. Aul
8.5.2011
Nancy L. Butts
Criminal:
Appeal; claimed excessive sentence; sexual abuse of a minor; challenge to the discretionary aspect of the sentence; compliance with plea agreement
(Aul080511bt)
(Posted: August 30th 2011)
Pursel vs. Romberg
8.30.2011
Richard A. Gray
Civil:
Preliminary objection to counterclaim on appeal from magisterial district judge decision; issues addressed in hearing; de novo hearing in common pleas court
(Pursel083011g)
(Posted: August 30th 2011)
Commonwealth vs. Dahl
8.24.2011
Nancy L. Butts
Criminal:
Appeal; repeated parole violations; sentencing discretion of the court; claimed excessive sentence
(Dahl082411bt)
(Posted: August 26th 2011)
Commonwealth vs. Moore
8.5.2011
Marc F. Lovecchio
Criminal:
Motion for new trial based on after-discovered evidence; rape of unconscious or unaware person; letter written by victim exonerating defendant
(moore080511L)
(Posted: August 22nd 2011)
Commonwealth vs. Smith
8.8.2011
Marc F. Lovecchio
Criminal:
Suppression motion; DUI case; sufficiency of probable cause affidavit for search warrant of hospital records; witness statements concerning consumption of alcohol prior to vehicle accident
(smith080911L)
(Posted: August 22nd 2011)
Commonwealth vs. Blair
8.9.2011
Marc F. Lovecchio
Criminal:
Pretrial motion to dismiss; claimed violation of rule 519 requiring the filing of charges within 5 days of arrest; proof of actual prejudice; drug case; availability of abandonment as defense to charge of attempt to possess a controlled substance; applicability of rule 600 to pre-complaint delay
(blair080911L)
(Posted: August 22nd 2011)
JJS vs. MPP
8.11.2011
Marc F. Lovecchio
Custody:
Petition for special relief requesting court to determine whether child should be enrolled in a Catholic or public school; best interests of the child; comparison of strengths of each school
(JSS081111L)
(Posted: August 22nd 2011)
Commonwealth vs. Diaz
8.15.2011
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; observations of suspicious activity by person driving out-of-town vehicle in high crime area with no apparent purpose for the activity; reasonable suspicion for canine sniff where vehicle exhibits multiple air fresheners, the occupants gave inconsistent versions; habeas corpus petition; sufficiency of evidence of conspiracy to deliver drugs; prima facie case; use of hearsay evidence at preliminary hearing
(diaz081511L)
(Posted: August 22nd 2011)
Commonwealth vs. Coleman
8.15.2011
Marc F. Lovecchio
Criminal:
Motion for nominal bail; rule 600 delay; pending drug court application not excludable time without waiver of speedy trial rights; unavailability of counsel for dates when case called for trial
(Coleman081511L)
(Posted: August 22nd 2011)
Criminal:
Summary appeal of “Unlawful Activities” conviction; trucking regulations; 14-hour rule; applicability of exception for waiting time for drivers of specialty vehicles at gas site for vehicles delivering sand
(strubletrucking082211a)
(Posted: August 22nd 2011)
JS vs. RS
8.16.2011
Joy Reynolds McCoy
Support, Divorce:
Petition to terminate or modify post nuptial agreement; husband's lack of legal representation at time agreement entered; modification of agreement due to changed circumstances; unconscionability; ability to afford payments
(Speary081611m)
(Posted: August 18th 2011)
BB vs. TH
8.15.2011
Joy Reynolds McCoy
Custody:
Petition to establish jurisdiction to modify Montgomery County custody order; residence in Lycoming County for four years; need for Montgomery County to relinquish exclusive continuing jurisdiction
(Boughter81511m)
(Posted: August 16th 2011)
SEF vs. AK
8.10.2011
Joy Reynolds McCoy
Custody:
Appeal; relocation of parent to another state; factors applicable to custody order allowing relocation of the child
(Fenderson081011m)
(Posted: August 13th 2011)
In re TJ, a minor child
8.10.2011
Joy Reynolds McCoy
Adoption:
Petition for Involuntary Termination of Parental Rights; settled purpose of relinquishing parental rights or incapacity or refusal to provide the child with essential care; parent has no independent housing or full-time employment, but attends regular visits; authority of court to terminate the rights of one parent but not the other
(tj081111m)
(Posted: August 13th 2011)
Commonwealth vs. Hoskins
8.11.2011
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence of attempted murder; conduct evidencing intent to harm; pointing a weapon and pulling the trigger requires use of deadly weapon used matrix whether or not the weapon discharges
(Hoskins081011bt)
(Posted: August 13th 2011)
Commonwealth vs. Massey
8.3.2011
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; welfare fraud; disclosure of material facts relating to receipt of child care benefits; disclosure of hours worked and employer change
(Massey080311br)
(Posted: August 4th 2011)
Criminal:
Suppression motion; warrantless search of house after resident was violently attacked in the house; exigent circumstances; drug paraphernalia in plain sight; sufficiency of facts for issuance of search warrant; breadth of search
(Nordstrom080311bt)
(Posted: August 4th 2011)