Civil:
Appeal
(Dental062707br)
(Posted: July 10th 2007)
Richards vs. Edwards
7.3.2007
Nancy L. Butts
Civil:
Non-jury trial; quiet title action; conversion of lumber; doctrine of Consentable Boundaries; consent of the parties to a barbed wire fence as a boundary
(Richards070307bt)
(Posted: July 10th 2007)
Civil:
Petition to strike and open judgment of non pros; failure to file a certificate of merit; professional engineering services; storm water management system; applicability of Pa. R.C.P. 1042.1, to architectural and engineering firms; effect of having provided an expert report.
(dental033007br)
(Posted: July 10th 2007)
Commonwealth vs. Yasipour
7.5.2007
Dudley N. Anderson
Criminal:
Appeal; sentence as cruel and unusual punishment; evidence of tampering with evidence
(yasipour070507a)
(Posted: July 5th 2007)
Commonwealth vs. Williamson
5.30.2007
William S. Kieser
Criminal:
Motion to suppress; lack of probable cause to arrest; suspected drug transaction; reasonable suspicion for investigative detention
(Williamson053007K)
(Posted: July 3rd 2007)
Commonwealth vs. Johnson
5.31.2007
William S. Kieser
Criminal:
Motion to suppress - Habeas Corpus petition; illegal search; probable cause to arrest; prima facie case of drug offenses
(Johnson053107K)
(Posted: July 3rd 2007)
Commonwealth vs. Nicholas
6.4.2007
William S. Kieser
Criminal:
Post conviction relief act petition; timeliness; lack of exception to 1 year time limit
(Nicholas060407K)
(Posted: July 3rd 2007)
Commonwealth vs. Zell
6.11.2007
William S. Kieser
Criminal:
Application for expungement of summary conviction; failure to meet Crimes Code requirements; inaccurate criminal record; recourse of challenging accuracy of criminal history
(Zell061107K)
(Posted: July 3rd 2007)
Commonwealth vs. Gant
6.21.2007
William S. Kieser
Criminal:
Motion to suppress identification; bank robbery; suggestive identification procedure; failure to identify from photo array; issue for finder of fact
(Gant062107K2)
(Posted: July 3rd 2007)
Commonwealth vs. Chambers
6.22.2007
William S. Kieser
Criminal:
Appeal; suppression; probable cause to arrest
(Chambers 062207K)
(Posted: July 3rd 2007)
MAC vs. REF
7.2.2007
Dudley N. Anderson
Support:
Exceptions to award of federal income tax exemptions for children; most beneficial award; consideration of household income; support calculation
(clouser070207a)
(Posted: July 3rd 2007)
TRE vs. PJE
6.27.2007
Dudley N. Anderson
Support:
Exceptions to support; termination for poor performance; mitigation of lost income; refusal to reduce support obligation
(edler062707a)
(Posted: July 1st 2007)
TE vs. EJE
6.27.2007
Dudley N. Anderson
Support:
Exceptions to spouse support; extramarital affair; spouse condoning the affair; misconduct including drinking to excess and belligerence
(edkin062707a)
(Posted: July 1st 2007)
IN RE: T.N.L.
6.25.2007
Nancy L. Butts
Civil:
Petition for return of seized gun and expungement; consent to inpatient mental health evaluation and treatment after involuntary commitment; time limits; intoxication; legality of commitment
(TNL062507bt)
(Posted: June 26th 2007)
Commonwealth vs. Harrold
6.14.2007
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffective counsel; keeping apprised of options
(Harrold061407bt)
(Posted: June 20th 2007)
Commonwealth vs. Andrus
6.8.2007
Dudley N. Anderson
Criminal:
Appeal; plea agreement; written plea colloquy; verbal agreement
(andrus060807a)
(Posted: June 13th 2007)
Commonwealth vs. Lewis
6.5.2007
Dudley N. Anderson
Criminal:
Motion to determine competency; burden on defendant; vascular dementia; ability to assist in defense
(lewis060507a)
(Posted: June 13th 2007)
Commonwealth vs. McDaniels
5.24.2007
Richard A. Gray
Criminal:
Appeal; revocation of probation; factors to be considered in imposing incarceration; deliberate violations
(McDaniels052507g)
(Posted: June 7th 2007)
Commonwealth vs. Raymond
5.24.2007
Dudley N. Anderson
Criminal:
Motion for post conviction collateral relief; ineffective counsel; failure to appeal; fairness of revocation of probation/parole for violation (hot urine); history of violations; lack of merit of issue.
(raymond052407a)
(Posted: June 7th 2007)
Commonwealth vs. Smith
6.7.2007
Dudley N. Anderson
Criminal:
Motion in limine; admissibility of testimony of psychologist that victim suffers from Münchhausen Syndrome; expert assessment of truthfulness of class of people
(smith060707a)
(Posted: June 7th 2007)
Civil:
Motion in limine; qualifications of expert; liberal standard; training and experience as factors
(Cervinsky041007br)
(Posted: May 23rd 2007)
Civil:
Petition for preliminary injunction/zoning appeal; verbal preliminary objections; jurisdiction; exhaustion of remedies; notice of permit approval
(Daye042707br)
(Posted: May 23rd 2007)
Commonwealth vs. Watkins
5.2.2007
William S. Kieser
Criminal:
Appeal; ineffective counsel; admissibility of statement; waiver by failure to object; conspiracy; weight of evidence
(Watkins50207K)
(Posted: May 23rd 2007)
Commonwealth vs. Hayes
5.2.2007
William S. Kieser
Criminal:
Commonwealth appeal; suppression issue
(Hayes050207K)
(Posted: May 23rd 2007)
Commonwealth vs. Williams
5.2.2007
William S. Kieser
Criminal:
Appeal; new trial should be granted; reference to witness passing a polygraph test; curative instruction; weight of the evidence
(Williams050207K)
(Posted: May 23rd 2007)
Adoption:
Involuntary termination of parental rights; adoption; failure to fulfill parental obligations
(GS0426707bt)
(Posted: May 23rd 2007)
Civil:
Petition to strike or open default judgment; attributing answer of one defendant to another; non-compliance with rule to open default judgment; meritorious defense; remedy after execution and sheriff's sale
(Teasely050407br)
(Posted: May 23rd 2007)
Civil:
Motion for bifurcation; lack of benefit due to existence of clearly liable defendant
(Cervinsky050207br)
(Posted: May 23rd 2007)
Commonwealth vs. Monroe
5.9.2007
William S. Kieser
Criminal:
Motion to withdraw guilty plea; claim of innocence; minimal acknowledgment of factual basis for plea; inconsistent or incomplete advice by several attorneys; liberally allowed withdrawal
(Monroe050907K)
(Posted: May 23rd 2007)
Bair vs. Bair
5.17.2007
Kenneth D. Brown
Divorce:
Petition to enforce or order or for contempt; division of personal property; missing items; lack of fault or wrongful conduct
(Bair051707br)
(Posted: May 23rd 2007)
In re A.H. a minor child
5.17.2007
Kenneth D. Brown
Adoption:
Appeal; dependency proceeding; brain injury; non-accidental trauma; lack of cooperation of parents in the investigation
(AH051707br)
(Posted: May 23rd 2007)
Administrative Appeal:
Appeal of denial of special exception; wind energy project; standard of review; expansive interpretation of zoning ordinances; showing of high probability of adverse impact; plan for mitigation
(laurel052207bt)
(Posted: May 22nd 2007)
Commonwealth vs. Mitsdarfer
5.14.2007
Dudley N. Anderson
Criminal:
Motion for dismissal; Rule 600; due diligence; court congestion; availability of defense counsel
(mitsdarfer051407a)
(Posted: May 14th 2007)
Commonwealth vs. Smith
5.14.2007
Dudley N. Anderson
Criminal:
Remanded case; requiring victim to undergo psychiatric/psychological examination; questioning of the witness by the judge; competency of witness
(smith051407a)
(Posted: May 14th 2007)
Commonwealth vs. Chambers
4.27.2007
Nancy L. Butts
Criminal:
Post sentence motion; sufficiency of evidence; weight of the evidence; suppression; constructive passion of drugs found in police car after arrest
(Chambers042707bt)
(Posted: May 13th 2007)
Commonwealth vs. Williams
5.9.2007
Dudley N. Anderson
Criminal:
Motion for post conviction collateral relief; ineffective counsel; recalling damaging witness; weight of evidence issue; charging multiple murder offenses which are not mutually exclusive
(williams050907a)
(Posted: May 13th 2007)
Civil:
Preliminary objections; specificity
(Lycoming040307br)
(Posted: April 27th 2007)
Civil:
Preliminary objections; no requirement to attach act 160 notice to complaint
(Susquehanna040307b)
(Posted: April 27th 2007)
Civil:
Motion for summary judgment; road rage case; burden of proof in crashworthiness case; sufficiently of expert report
(Cervinsky041007br3)
(Posted: April 27th 2007)
Civil:
Punitive damages; choice of law; outrageous conduct
(Cervinsky041007br1)
(Posted: April 27th 2007)
Lichter vs. Doran
4.10.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; Dead Man's Act; admissibility of statements at scene; evidence of negligence
(Lichterv041007br)
(Posted: April 27th 2007)
Commonwealth vs. Kissinger
4.13.2007
William S. Kieser
Criminal:
Appeal; jury charge on offense not charged; solicitation to commit aggravated indecent assault; amendment would have been permitted; effective counsel; notice of the offense
(Kissinger41307K)
(Posted: April 27th 2007)
Civil:
Motion for view of damaged vehicle; use of testimony during view
(Cervinsky041007br2)
(Posted: April 27th 2007)
Commonwealth vs. Johnson
4.23.2007
William S. Kieser
Criminal:
Appeal; consolidation of 3 robbery cases; pre-trial identifications; questions about double-blind photo array; time to raise effectiveness of counsel issues
(Johnson042307K)
(Posted: April 27th 2007)
Commonwealth vs. Boruch
4.24.2007
William S. Kieser
Criminal:
Appeal; revocation of probation; violation of probation by leaving the state
(Boruch042407K)
(Posted: April 27th 2007)
Criminal:
Preliminary objections; specificity of allegations relating to a fall; verification by attorney
(Barnes042307bt)
(Posted: April 26th 2007)
Lycoming County vs. Teamsters Local No. 764
2.15.2007
Scott W. Naus, Specially Presiding
Civil:
Petition to enforce arbitration order; need for county to perform legislative enactment; interest awarded
(021507naus)
(Posted: April 19th 2007)
Commonwealth vs. Mirabella
4.18.2007
Richard A. Gray
Criminal:
Appeal; Rule 1925 statement; waiver of issues
(Mirabella041807g)
(Posted: April 19th 2007)
Commonwealth vs. Drayton
4.17.2007
Dudley N. Anderson
Criminal:
Appeal; sufficiency of the evidence; drug case
(drayton041707a)
(Posted: April 19th 2007)
Administrative Appeal:
Appeal; board of viewers decision; incorrectly docketed appeal; failure to correct after notice
(Horner041007bt)
(Posted: April 14th 2007)
Commonwealth vs. Bean
4.2.2007
Dudley N. Anderson
Criminal:
Motion to suppress; reasonable suspicion to stop vehicle; observation of suspicious activity; failure to stop at stop signs
(bean040207a)
(Posted: April 4th 2007)
Civil:
Summary denial of motion for reconsideration; late joinder of additional defendants
(wagner030207br)
(Posted: April 2nd 2007)
Colocino vs. Smith
3.7.2007
Kenneth D. Brown
Civil:
Defamation case; preliminary objection raising privilege; requirement of pleading in new matter; capable of defamatory meaning
(Colocino030707br2)
(Posted: April 2nd 2007)
Commonwealth vs. Messerly
3.7.2007
William S. Kieser
Criminal:
Appeal; sentencing issue; discretion of court; conformity with plea agreement
(Messerly31707K)
(Posted: April 2nd 2007)
Commonwealth vs. Hayes
3.14.2007
William S. Kieser
Criminal:
Motion to suppress; tainted consent to search vehicle; illegal detention
(Hayes31407K)
(Posted: April 2nd 2007)
Civil:
Preliminary objections to answer, new matter and counterclaim; information obtainable in discovery; separate counts; pleading details of damage claims
(Webb032007br)
(Posted: April 2nd 2007)
Adoption:
Dependency hearing; physical abuse of child; child removed from parents
(ah031907br)
(Posted: April 2nd 2007)
Colocino vs Smith
3.7.2007
Kenneth D. Brown
Civil:
Motion to disqualify counsel; contact with attorney; prospective client information
(Colocino030707br)
(Posted: April 2nd 2007)
Commonwealth vs. Clark
3.26.2007
William S. Kieser
Criminal:
Appeal; probable cause for arrest
(Clark32607K)
(Posted: April 2nd 2007)
Commonwealth vs. Stafford
3.26.2007
Kenneth D. Brown
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to confront witness with evidence, that could not be produced; testimony concerning video taped transactions; failure to object to testimony that was admissible
(Stafford032607br)
(Posted: April 2nd 2007)
Hafer vs. Trimble
3.26.2007
Kenneth D. Brown
Civil:
Motion in limine; testimony of speed; jury issue
(HAFER032607br)
(Posted: April 2nd 2007)
Commonwealth vs. Yasipour
3.27.2007
Dudley N. Anderson
Criminal:
Motion for permission to supplement rule 1925 statement; good cause; substitution of new lawyer for trial counsel
(yasipour032707a)
(Posted: April 2nd 2007)
Criminal:
Appeal; murder case; requested points for charge; evidence of voluntary manslaughter; inflammatory photographs; presumption of malice; expert testimony of possibility of malfunctioning gun; refusal of individual voir dire; weight and sufficiency of evidence
(McCloskey031207bt)
(Posted: March 28th 2007)
TH vs. IM
3.9.2007
Richard A. Gray
Custody:
Appeal; petition for primary physical custody; parent with bouts of mental illness and drug abuse; parent with stabile home situation; best interest of the child
(Holloway030907g)
(Posted: March 27th 2007)
Commonwealth vs. Hufnagle
3.14.2007
Dudley N. Anderson
Criminal:
Motion to suppress; DUI case; jurisdiction of police; probable cause to stop beyond sobriety check point
(hufnagle031407a)
(Posted: March 19th 2007)
Commonwealth vs. King
3.12.2007
Dudley N. Anderson
Criminal:
Motion to dismiss; violation Rule 600; unknown whereabouts; due diligence; use of an alias
(king031207a)
(Posted: March 15th 2007)
Commonwealth vs. Justice
2.28.2007
Dudley N. Anderson
Criminal:
Motion to suppress; investigatory detention or mere encounter; detention supported by reasonable suspicion
(justice022807a)
(Posted: March 5th 2007)
Commonwealth vs. Morton
2.7.2007
Kenneth D. Brown
Criminal:
Appeal; post conviction relief act petition; credit for time served; waiver; duplicate credit
(Morton020707br)
(Posted: March 2nd 2007)
Commonwealth vs. Lyons
2.20.2007
William S. Kieser
Criminal:
Appeal; DUI case; violation of intermediate punishment sentence; use of alcohol; revocation of intermediate punishment sentence; failure to advise of right to appeal; prejudice
(Lyons022007K)
(Posted: March 2nd 2007)
Adoption:
Motion for reconsideration; involuntary termination of parental rights; test for application of collateral estoppel; Kiesewetter case; application of 4 factors
(EHJH022007K)
(Posted: March 2nd 2007)
Civil:
Motion for summary judgment; road rage case; alleged negligent design of performance brake pedals; lack of evidence of malfunction; lack of evidence of alternative design
(Cervinsky022207br)
(Posted: March 2nd 2007)
Commonwealth vs. Shrawder
2.22.2007
Kenneth D. Brown
Criminal:
Appeal; motion to preclude use of polygraph as part of sexual offender counseling; sentencing ordered cooperation with counseling program; therapeutic use to rehabilitate offender and protect the public; constitutional rights; testing allowed
(Shrawder022207br)
(Posted: March 2nd 2007)
Civil:
Petition for leave to file post trial motions nunc pro tunc; jurisdiction of court in light of appeal; lack of good reason for late filing
(Sovereign022607br)
(Posted: March 2nd 2007)
Commonwealth vs. Prince
2.26.2007
Kenneth D. Brown
Criminal:
Post conviction relief act petition; jurisdiction; timeliness
(Prince022607br)
(Posted: March 2nd 2007)
Criminal:
Petition for writ of mandamus/prohibition; preliminary objections; subject matter jurisdiction; demurrer; alleged under representation of minorities on jury panels; use of welfare rolls; Welfare Department as indispensable party; compelling return of jury questionnaires; lack of statutory duty; discretionary authority; constitutional claims; prima facie case
(Mitchell-Ball030107K)
(Posted: March 2nd 2007)
Commonwealth vs. Blackwell
2.15.2007
Dudley N. Anderson
Criminal:
Motion to suppress; drug case; probable cause to stop vehicle; failing to stop or signal before turning from parking lot to road; definition of roadway
(blackwell021507a)
(Posted: February 16th 2007)
Ecker vs. Williamsport
2.8.2007
Nancy L. Butts
Administrative Appeal:
Appeal; historical significance of structure in the historical district; standard of review
(Ecker020807bt)
(Posted: February 14th 2007)
Commonwealth vs. Smith
2.12.2007
Dudley N. Anderson
Criminal:
Motion to dismiss; Rule 600 violation; due diligence in locating and returning incarcerated defendant for trial
(smith021207a)
(Posted: February 14th 2007)
Commonwealth vs. Fisher
2.9.2007
Nancy L. Butts
Criminal:
Appeal; violation of probation; reimposition of sentence; drug addiction and previous failure in treatment programs as reasons to incarcerate
(Fisher020907bt)
(Posted: February 14th 2007)
Tasselli vs. Tasselli
1.31.2007
William S. Kieser
Divorce:
Appeal
(Tasselli013107k)
(Posted: February 12th 2007)
KD vs DD
2.9.2007
Richard A. Gray
Civil:
Appeal; denial of protection from abuse order; credibility of witnesses; plaintiff as aggressor; alcohol abuse by plaintiff
(Duck020907g)
(Posted: February 12th 2007)
Commonwealth vs. Smith
2.7.2007
Dudley N. Anderson
Criminal:
Motion to suppress and for writ of habeas corpus; drug case; vehicle stop; reasonable suspicion; excessive speed; probable cause to arrest; suspicious behavior and attempts to leave the scene; admission of defendant to having drugs in the vehicle; consent of owner to search
(smith020707a)
(Posted: February 12th 2007)
Commonwealth vs. Collins
2.6.2007
Dudley N. Anderson
Criminal:
Motions to suppress, to dismiss and for severance; waiver of preliminary hearing; warrantless search; consent to search home by resident; threats by police; voluntariness of consent
(collins020607a)
(Posted: February 12th 2007)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: February 9th 2007)
SG vs. TLG
1.31.2007
Nancy L. Butts
Support, Divorce:
Exceptions to master's report; ability to maintain gainful employment; impact of surveillance tapes; effect of choice of medicine on ability to work
(Gordner013107bt)
(Posted: February 7th 2007)
JCC vs. JTC
2.2.2007
Dudley N. Anderson
Divorce:
Exceptions to alimony award; earning capacity; consideration of length of time away from profession; potential inheritance; duration of alimony award in light of equitable distribution
(chiao020207a)
(Posted: February 7th 2007)
Commonwealth vs. Confer
1.30.2007
Richard A. Gray
Criminal:
Appeal; sufficiency of evidence; theft; availability of witness serving in the military; sentencing habitual offender who showed no remorse
(Confer013007g)
(Posted: February 1st 2007)
Civil:
Motion for summary judgment; road rage case; negligence of driver in failing to yield to driver entering highway on ramp; duty
(Cervinsky010207br)
(Posted: January 30th 2007)
Civil:
Emergency motion to stay writ of execution; equitable subrogation; fraud; priority of liens
(Sovereign011107br)
(Posted: January 30th 2007)
Commonwealth vs. Bloom
1.15.2007
William S. Kieser
Criminal:
Commonwealth appeal; grant of post sentence motion
(Bloom11507K)
(Posted: January 30th 2007)
Tasselli vs. Tasselli
1.19.2007
William S. Kieser
Divorce:
Appeal
(Tasselli11907K)
(Posted: January 30th 2007)
Waltz vs. Brooks
1.19.2007
Kenneth D. Brown
Civil:
Motion for summary judgment; breach of contract claim; lack of meeting of the minds
(Waltz011907br)
(Posted: January 30th 2007)
Commonwealth vs. Spitler
1.19.2007
William S. Kieser
Criminal:
Omnibus pre-trial motion; suppression of pre-trial identification; independent in-court identification of defendant; habeas corpus, sufficiency of evidence of drug offenses; severance offenses
(Spitler11907K)
(Posted: January 30th 2007)
Commonwealth vs. Armstead
1.29.2007
Kenneth D. Brown
Criminal:
Motion to dismiss; rule 600; due diligence; removal to Georgia; refusal of district attorney to approve extradition; no continuous search requirement
(Armstead102907br)
(Posted: January 30th 2007)
Commonwealth vs. Gundlach
1.5.2007
Dudley N. Anderson
Criminal:
Appeal; hearsay; admissions of third party; availability of third party at time of trial; trustworthiness of hearsay
(gundlach010507a)
(Posted: January 6th 2007)
Civil:
Motion for summary judgment; enforcement of settlement agreement; injunction to enforce prohibition from publishing certain information on a Web site
(spitler120706br)
(Posted: January 2nd 2007)
Commonwealth vs. Frederick
12.18.2006
Kenneth D. Brown
Criminal:
Appeal; failure to have workers compensation insurance; duty to pay restitution to children of dead employee; DNA testing request; timeliness; bearing on guilt or innocence
(frederick121806br)
(Posted: January 2nd 2007)