Adoption:
Dependency of children affirmed; poor home conditions; unstable work history and frequent moves; lack of candor with the agency
(w121407s)
(Posted: December 14th 2007)
Adoption:
Involuntary termination of parental rights; lack of concern for or contact with child; failure of incarcerated parent to use the resources provided to him to form a relationship with the child; focus on the conduct of the parent; needs and welfare of the child
(I.M.121407bt)
(Posted: December 14th 2007)
Confair vs. Kingston
12.13.2007
Kenneth D. Brown
Civil:
Preliminary objections; attorney fees and punitive damages
(Confair121307br)
(Posted: December 13th 2007)
GJZ vs. DEZ
12.12.2007
Kenneth D. Brown
Divorce:
Motion for bifurcation of divorce; desire to remarry; economic unfairness to current spouse; health insurance issue
(Zeidler121207br)
(Posted: December 12th 2007)
Commonwealth vs. McClam
12.12.2007
Kenneth D. Brown
Criminal:
Appeal; Robbery case; sufficiency of the evidence; weight of the evidence; propriety of applying the deadly weapon enhancement for robbery
(McClam121207br)
(Posted: December 12th 2007)
Civil:
Injunction action; permanent injunction request; right-of-way access; easement by implication theory; easement by prescription theory; defeat by continuation into woodland; existence of express easement
(Barnard121107bt)
(Posted: December 11th 2007)
Eleazer vs. Getgen
12.11.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; slip and fall; duty to remove snow and apply salt
(Eleazer121107br)
(Posted: December 11th 2007)
Wills and Estates:
Petition of beneficiary to terminate trust; necessity to achieve material purpose of trust; spendthrift provision; removal of trustees
(heiser120707)
(Posted: December 7th 2007)
Commonwealth vs. Ellison
12.6.2007
Dudley N. Anderson
Criminal:
Omnibus pre-trial motion; suppression, petition for writ of habeas corpus; valid consent to search; warrantless search without consent due to exigent circumstances; circumstantial evidence that gun was loaded at one time when ammunition magazine was found hidden close to the gun
(ellison120607a)
(Posted: December 6th 2007)
Commonwealth vs. Noel
11.30.2007
Dudley N. Anderson
Criminal:
Motion to suppress; probable cause to detain due to suspicion of committing a crime; gun observed during pat down
(noel113007a)
(Posted: December 5th 2007)
Civil:
Appeal; summary judgment motion; agreement to convey property as gift; consideration; privity; parol evidence rule; pleading requirements; striking contract from Recorder's records without hearing
(rearick120307bt)
(Posted: December 5th 2007)
Civil:
Appeal; contract dispute; dismissal of complaint on preliminary objections; issues raised by the court sua sponte; demurrer; subject matter jurisdiction; failure to exhaust administrative remedies; failure to join municipal entities as indispensable parties.
(daye120407bt)
(Posted: December 5th 2007)
Commonwealth vs. Dincher
12.4.2007
Dudley N. Anderson
Criminal:
Omnibus pre-trial motion; vehicle stop because of concern it was involved with burglary; incidental Vehicle Code violation; suppression of evidence of use of marijuana.
(dincher120407a)
(Posted: December 5th 2007)
Civil, Wills and Estates:
Petition for Distribution in Kind of Real Property; failure to vacate property; ejectment; failure to properly perform obligations of executor
(hessert120507bt)
(Posted: December 5th 2007)
Civil:
Motion for summary judgment; trip and fall case; choice of ways; obvious and known danger; anticipating harm
(Moore120407br)
(Posted: December 4th 2007)
Commonwealth vs. D.P.
12.3.2007
Kenneth D. Brown
Criminal:
Appeal; sex crimes; sufficiency of the verdict; weight of the evidence; uncorroborated testimony of victim; legality of order to pay counseling costs as restitution where no amount is stated
(dp120307br)
(Posted: December 3rd 2007)
Civil:
Motion for summary judgment; res ipso loquitor; retained sponge case; case for jury
(Hosterman120307br)
(Posted: December 3rd 2007)
Civil:
Preliminary objection; pendency of a prior action
(Gordon120307br)
(Posted: December 3rd 2007)
Estate of Amoroso
11.30.2007
Kenneth D. Brown
Wills and Estates:
Estate administration issue; administratrix's distribution of assets of the estate to herself and husband; claim of half-sister; DNA testing; constructive trust imposed on joint assets; repayment order
(Amoroso113007br)
(Posted: November 30th 2007)
Commonwealth vs. Ball
11.29.2007
Dudley N. Anderson
Criminal:
Appeal; murder case; sufficiency of evidence; identification issues; recantation of testimony by witness; alibi; weight of the evidence; admission of grand jury testimony to contradict witness; allowing witness to consult wife during testimony; police officer's testimony about witness's fears of repercussion; judicial comments warranting mistrial
(ball112907a)
(Posted: November 29th 2007)
Commonwealth vs. Belle
11.29.2007
Dudley N. Anderson
Criminal:
Motion for Post-Conviction Relief; knowing and voluntary plea; ineffective counsel; incorrect advice given by attorney; request to speak to another attorney denied
(belle112907a)
(Posted: November 29th 2007)
Civil:
Motion for summary judgment; factual dispute as to calculation of damages
(Colocino112807br)
(Posted: November 28th 2007)
Civil:
Appeal; motion for judgment on the pleadings; Dragonetti Act case; probable cause to initiate suit
(regscan112807bt)
(Posted: November 28th 2007)
Administrative Appeal:
Appeal; points not properly before the court on appeal; points previously addressed by the court
(Montoursville112807K)
(Posted: November 28th 2007)
Civil:
Non-jury trial; property sold subject to timbering agreement; guarantee of title to timber; credibility issues; calculating damages; award of attorney fees
(MuncyHarwoods112807br)
(Posted: November 28th 2007)
Civil:
Preliminary objections; timeliness; allegation of oral contract must be accepted as true under standard applicable to preliminary objections
(Steinbacher112807br)
(Posted: November 28th 2007)
Commonwealth vs. Amos
11.26.2007
Dudley N. Anderson
Criminal:
Motion to suppress; drug case; traffic stop; reasonable suspicion; traffic violations; tip concerning drug use in the vehicle
(amos112607a)
(Posted: November 26th 2007)
Johnson vs. Cartwright
11.20.2007
Kenneth D. Brown
Civil:
Preliminary objections to counterclaim; attorney fee provision of lease
(Johnson112007br)
(Posted: November 20th 2007)
Karstetter vs. Cohick
11.16.2007
Kenneth D. Brown
Civil:
Post trial motions; slip and fall case; responsibility of tenant to remove snow; contributory negligence; adequacy of verdict of $10,000 for fractured vertebrae
(Karstetter116607br)
(Posted: November 16th 2007)
Conklin vs. Myers
11.15.2007
Kenneth D. Brown
Civil:
Motion for post trial relief; amending order with typographical error
(Conklin111507br1)
(Posted: November 15th 2007)
Conklin vs. Myers
11.15.2007
Kenneth D. Brown
Civil:
Motion for post trial relief; failure to meet burden of proof on interest issue; attorney fee claim
(Conklin111507br2)
(Posted: November 15th 2007)
Commonwealth vs. Boruch
11.5.2007
William S. Kieser
Criminal:
Appeal; revocation of probation
(Boruch110507K)
(Posted: November 5th 2007)
Commonwealth vs. Cajka
10.18.2007
William S. Kieser
Criminal:
Appeal; excessive sentence; history of supervision violations of a serious nature; standard range
(Cajka101807K)
(Posted: November 2nd 2007)
Commonwealth vs. West
10.31.2007
William S. Kieser
Criminal:
Motion to quash; prima facie case; theft and firearm charges; constructive possession; gun located in bedroom of sleeping defendant
(West103107K)
(Posted: November 2nd 2007)
TJB vs. KEB
10.29.2007
Richard A. Gray
Support:
Exceptions to child support; credit for overpaid child care expenses; retroactive modification; no request for credit; use of yearly tax return to assess income
(Bower102907g)
(Posted: October 29th 2007)
Conklin vs. Myers
10.26.2007
Kenneth D. Brown
Civil:
Non-jury trial; easement issue; extinguishing easement for certain uses only
(Conklin102607br)
(Posted: October 26th 2007)
Commonwealth vs. Hall
10.20.2007
Dudley N. Anderson
Criminal:
Motion to suppress; robbery case; impact of age and claimed lack of intelligence and drug use on voluntariness of confession; familiarity with juvenile system
(hall102207a)
(Posted: October 20th 2007)
Commonwealth vs. Cressman
10.18.2007
Dudley N. Anderson
Criminal:
Motion to modify sentence; summary Vehicle Code violations; restitution; limited to victim; recovery by insurance company
(cressman101807a)
(Posted: October 18th 2007)
Commonwealth vs. Griffith
10.15.2007
Dudley N. Anderson
Criminal:
Petition for habeas corpus; manslaughter case involving furnishing alcohol to minors; starting the chain of causation that leads to death; endangering welfare of children requiring course of conduct, not just an isolated incident
(griffith101507a)
(Posted: October 15th 2007)
Conklin vs. Myers
10.11.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; factual issues; interpretation of easements; timeliness of amended motion for summary judgment
(Conklin101107br)
(Posted: October 11th 2007)
Commonwealth vs. Falvo
10.10.2007
Dudley N. Anderson
Criminal:
Motion to suppress; probable cause to search computer based on observations of a third person and descriptive file folders
(falvo101007a)
(Posted: October 10th 2007)
BAH vs. DGD
10.3.2007
Dudley N. Anderson
Support:
Exceptions to child support; issues relating to relocation to Florida; income computation; consideration of tax refund; losses related to hobby farm
(hepburn100307a)
(Posted: October 9th 2007)
JW vs. MS
10.3.2007
Dudley N. Anderson
Support:
Exceptions to support; calculation of income; tax considerations
(swank100307a)
(Posted: October 9th 2007)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: October 8th 2007)
Commonwealth vs. Fausey
10.4.2007
Kenneth D. Brown
Criminal:
Motion to suppress evidence; consent of spouse to search; mere acquiescence
(Fausey100407br)
(Posted: October 4th 2007)
Adoption:
Appeal; dependency determination; medical neglect; special needs of children
(AB100307br)
(Posted: October 3rd 2007)
Civil:
Preliminary objections; factual issue related to the attachment of the correct contract; subcontractors as necessary and indispensable parties; joinder of subcontractors as additional defendants
(Fausnaught083007br)
(Posted: October 2nd 2007)
Commonwealth vs. Edwards
9.6.2007
William S. Kieser
Criminal:
Petition for habeas corpus; prima facie case; de minimis incident; false identification to police; providing only partial name
(Edwards90607K)
(Posted: October 2nd 2007)
Commonwealth vs. Polk
9.5.2007
Kenneth D. Brown
Administrative Appeal:
Appeal
(Polk090507br)
(Posted: October 2nd 2007)
Civil:
Petition to open or strike confessed judgment; honoring unauthorized checks; payment of bridge loan; unliquidated counterclaim or set-off as ground for opening confessed judgment
(Sovereign090507br)
(Posted: October 2nd 2007)
Civil:
Non-jury trial; credibility determinations; distribution of life insurance policies
(Wolyniec091107br)
(Posted: October 2nd 2007)
Commonwealth vs. Engel
9.17.2007
Dudley N. Anderson
Criminal:
Petition for writ of habeas corpus; terroristic threats; threat to kill; telephone call; not the threat of a serious assassin
(engel091107a)
(Posted: October 2nd 2007)
Civil:
Non-jury trial; value of non-prime home-site
(Mayo092507br)
(Posted: October 2nd 2007)
Administrative Appeal:
Petition for review of grievance arbitrator's award; standard of review; scope of arbitrator's authority; irregularities in arbitration proceedings
(Montoursville92607K)
(Posted: October 2nd 2007)
Commonwealth vs. McCloskey
9.28.2007
Kenneth D. Brown
Criminal:
Post conviction hearing act petition; after discovered evidence; effective counsel at trial; credibility of uncalled witness
(McCloskey092807br)
(Posted: September 28th 2007)
Criminal:
Motion to dismiss; drug case; rule 600; congestion in the court calendar
(diefenderfer080607a)
(Posted: September 26th 2007)
Commonwealth vs. Segraves
9.24.2007
Dudley N. Anderson
Criminal:
Motion to suppress; DUI; reasonable suspicion to stop vehicle; observations of violation of one or more sections of the Vehicle Code
(segraves092407a)
(Posted: September 26th 2007)
Commonwealth vs. Harrold
9.21.2007
Nancy L. Butts
Criminal:
Appeal; ineffective PCRA counsel; corresponding with the defendant about the petition; failure to amend the petition
(Harrold092107bt)
(Posted: September 26th 2007)
Cline vs. Ritter
9.6.2007
Nancy L. Butts
Civil:
Motion in limine; deferred ruling on preliminary objections; failure to file amended complaint; vague and broad allegations of negligence; failure to plead cause of action
(Cline090607bt)
(Posted: September 19th 2007)
Commonwealth vs. Polk
9.7.2007
Dudley N. Anderson
Criminal:
Motion in limine; DUI; video of accident scene and field sobriety tests; prejudice; Miranda warnings; non-testimonial
(polk090707a)
(Posted: September 19th 2007)
Commonwealth vs. Franz
9.13.2007
Dudley N. Anderson
Criminal:
Motion to suppress; DUI; failure to signal turn; reasonable suspicion to stop; momentary and minor lapse
(frantz091307a)
(Posted: September 19th 2007)
Commonwealth vs. Cook
9.17.2007
Nancy L. Butts
Criminal:
Appeal; mandatory minimum sentence; sufficiency of evidence to enhance sentence; drug case; distance from school zone
(Cook091707bt)
(Posted: September 19th 2007)
Commonwealth vs. Summers
9.6.2007
Dudley N. Anderson
Criminal:
Petition for habeas corpus; false identification to police; subject of official investigation; passenger in vehicle being investigated for traffic offense
(summers090607a)
(Posted: September 12th 2007)
Commonwealth vs. Fogel
9.7.2007
Dudley N. Anderson
Criminal:
Motion to suppress identification; unduly suggestive; substantial likelihood of misidentification
(fogel090707a)
(Posted: September 12th 2007)
In the interest of AB
9.6.2007
Richard A. Gray
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: September 6th 2007)
Civil:
Motion for special equitable relief; foreclosure action and sheriff's sale; bankruptcy and relief from automatic stay; notice of continued sale; timeliness of motion to overturn sheriff's sale
(SusqBank072707br)
(Posted: September 5th 2007)
Berry vs. PaDOT
8.3.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; installation of guard rail in area of bridge; real estate exception; lack of causation
(Berry080307br)
(Posted: September 5th 2007)
Civil:
Motion for summary judgment; punitive damages; subjective appreciation of risk of harm
(Steppe081607br)
(Posted: September 5th 2007)
Civil:
Preliminary objections; specificity of claim for damages to property; economic loss doctrine; express warranty to third party
(Wheels082007br)
(Posted: September 5th 2007)
Civil:
Motion for summary judgment; prescriptive authority of nurse; causation issue; superseding cause
(Steppe082207br)
(Posted: September 5th 2007)
Colocino vs Jersey Shore
8.30.2007
Kenneth D. Brown
Civil:
Motion to preclude affidavit; communication by lawyer with former constituent
(Colocino083007br)
(Posted: September 5th 2007)
SJT vs. TT
8.27.2007
Richard A. Gray
Custody:
Petition for relocation; substantial improvement in lifestyle of mother and child
(Tallman082707g)
(Posted: August 28th 2007)
Civil:
Motion to compel; discovery of every lawsuit involving a doctor; cases with similar allegations
(Steppe100406br)
(Posted: August 27th 2007)
Commonwealth vs. Gray
8.17.2007
Nancy L. Butts
Criminal:
Post conviction hearing act petition; "no merit" letter; ineffective counsel; failure to request recusal; judge's membership in fire company; adequacy of jury trial waiver colloquy
(Gray081707bt)
(Posted: August 27th 2007)
Rebuck vs. Dewalt
8.17.2007
Nancy L. Butts
Civil:
Non-jury trial; partition action; enforcement of settlement stipulation; obligations of tenants in common of real estate
(Rebuck081707bt)
(Posted: August 27th 2007)
Commonwealth vs. Banks
8.23.2007
Dudley N. Anderson
Criminal:
Appeal; drug case; sufficiency of evidence of delivery; weight of evidence; mandatory minimum sentence; possible remand for resentencing
(banks082307a)
(Posted: August 27th 2007)
DLS vs. ECS
8.3.2007
Richard A. Gray
Support:
Exceptions to support; assessment of earning capacity beyond amount received in Social Security Disability; need for evidence to support Wife's ability to work; adoption stipend
(Saar080107g)
(Posted: August 10th 2007)
Commonwealth vs. Kinney
8.7.2007
Richard A. Gray
Criminal:
PCRA petition to reinstate appellate rights; request to attorney to file an appeal that was disregarded
(Kinney080707g)
(Posted: August 10th 2007)
Commonwealth vs. Balas
8.7.2007
Dudley N. Anderson
Criminal:
Petition for writ of habeas corpus; DUI case; charges of terroristic threats, resisting arrest and disorderly conduct; "braggadocio of an intoxicated bully"; aggressive assertions of physical force
(balas080707a)
(Posted: August 10th 2007)
Commonwealth vs. Tiller
8.1.2007
Dudley N. Anderson
Criminal:
Motion to suppress; drug case; probable cause to arrest; search of person; bench warrant later found to have been vacated
(tiller080107a)
(Posted: August 10th 2007)
Commonwealth vs. Wheeling
7.9.2007
William S. Kieser
Criminal:
Appeal; drug case; Rule 600; tolling the 365 day period by pleading guilty; withdrawal of guilty plea starts Rule 600 period, anew: sufficiency of evidence; controlled buy of drugs
(Wheeling070907K)
(Posted: August 1st 2007)
Civil:
Preliminary objections; failure to follow order on previous objections; ability to answer
(webb07102007br)
(Posted: August 1st 2007)
Severson vs. Severson
7.10.2007
Kenneth D. Brown
Divorce:
Obligation to pay taxes on investment account distributed in property settlement; primary obligation with party receiving funds
(severson071007br)
(Posted: August 1st 2007)
Commonwealth vs. Wheelock
7.25.2007
Kenneth D. Brown
Criminal:
Withdrawal of guilty plea; remand from Superior Court; substantial prejudice of Commonwealth; availability of witnesses
(Wheelock072507br)
(Posted: August 1st 2007)
Lander and Stine vs. Dangle
7.10.2007
Kenneth D. Brown
Civil:
Preliminary objection; demurrer; defendant's right to prevail not clear; more specific complaint; use of exhibits to add specificity to the complaint; need to join spouses as necessary parties
(Lander071007br)
(Posted: July 31st 2007)
Civil:
Preliminary objections; contract obligations of a minor; failure to raise minority; damages for failure to sign lease
(GN071107br)
(Posted: July 31st 2007)
Commonwealth vs. Polk
7.20.2007
Kenneth D. Brown
Administrative Appeal:
License suspension appeal; failure to submit to blood alcohol testing; capability of submitting to test; claimed post traumatic stress as a result of beating by South African police; video showing argumentative and bold behavior
(polk072007br)
(Posted: July 31st 2007)
Commonwealth vs. Johnson
7.30.2007
William S. Kieser
Criminal:
Appeal; sentencing issue; prior record score; use of foreign juvenile record
(JohnsonT73007K)
(Posted: July 31st 2007)
Commonwealth vs. Sampson
7.16.2007
Dudley N. Anderson
Criminal:
Summary appeal; possessing or holding a specimen for another without a taxidermy permit; expired permit; statutory construction; sufficiency of evidence
(sampson071607a)
(Posted: July 30th 2007)
KEW vs. RLW
7.16.2007
Richard A. Gray
Divorce:
Exceptions to master's division of marital estate; lower allocation of assets to spouse with higher income and higher medical expenses due to disability
(Webster071707g)
(Posted: July 30th 2007)
Civil:
Appeal; motion for summary judgment; premises liability; duty to protect from known and obvious condition; duty to remain attentive; choice of ways
(Hoffman072607bt)
(Posted: July 30th 2007)
Commonwealth vs. Jennings
7.26.2007
Nancy L. Butts
Criminal:
Appeal; testimony of sexual assault nurse amounting to medical diagnosis; weight of evidence; consistency of verdict when acquitting of rape and convicting of indecent assault
(Jennings072607bt)
(Posted: July 30th 2007)
Commonwealth vs. Welton
7.26.2007
Richard A. Gray
Criminal:
Motion for reconsideration of sentence; carrying a firearm without a license; grading; 'any other criminal violation'
(Welton072607g)
(Posted: July 30th 2007)
DGD vs. BAH
7.6.2007
Dudley N. Anderson
Custody:
Custody relocation petition; mother's move to Florida; Gruber factors; best interests of the children; desires of the children; advancement of mother's own interests; detrimental effect on father's relationship with children
(hepburn070607a)
(Posted: July 25th 2007)
Civil:
Non-jury trial; breach of contract and misrepresentation claim; real estate transaction; personal liability of corporate officer; return of deposit; lack of intentional misrepresentation
(Foster070207bt)
(Posted: July 25th 2007)
Commonwealth vs. Morton
6.5.2007
Kenneth D. Brown
Criminal:
Appeal; revocation of probation; failure to report to probation officer; imposition of total confinement; vindication of the authority of the court; sentencing factors
(Morton060507br)
(Posted: July 10th 2007)
Wyland vs Cobbs
6.14.2007
Kenneth D. Brown
Civil:
Appeal that lacks requirements to comply with any appeal from any decision magisterial district or common pleas court decision; requirements of stay; landlord tenant case
(Wyland061407br)
(Posted: July 10th 2007)
Civil:
Appeal; elements of fraudulent misrepresentation claim; reasonableness of reliance upon representation of another; lien priority
(Sovereign062707br)
(Posted: July 10th 2007)