Commonwealth vs. Williams
7.31.2006
Nancy L. Butts
Criminal:
Appeal of jury verdict; robbery and theft; sufficiency of evidence; identification of defendant; court urges reversal of conviction on one count
(Williams073106)
(Posted: August 2nd 2006)
Commonwealth vs. Foster
8.1.2006
Kenneth D. Brown
Criminal:
Appeal of sentence of court; manifestly excessive sentence; discretion of court
(Foster080106br)
(Posted: August 2nd 2006)
Civil:
Motion for new trial; proper jury charge; hills and ridges doctrine; Restatement (Second) of Torts §§ 343 and 343A
(Daugherty073106)
(Posted: August 1st 2006)
In the matter of Rizzo
7.28.2006
Richard A. Gray
Wills and Estates:
Estate of incapacitated person; court approval of purchase of assets to maintain employment and housing for incapacitated person
(Rizzo072806g)
(Posted: August 1st 2006)
Commonwealth vs. Johnson
7.14.2006
Richard A. Gray
Criminal:
Motion to suppress; drug delivery case; search of hotel room without warrant; burden to prove exigent circumstances
(Johnson071406g)
(Posted: July 30th 2006)
CR vs. MR
7.3.2006
Dudley N. Anderson
Divorce:
Exceptions to equitable distribution; credit for fair rental value; award of residence; alimony
(richardson070306a)
(Posted: July 20th 2006)
Civil:
Preliminary objections; damages in wrongful death case; failure to specifically identify unnamed individuals in vicarious claim
(Firth070706bt)
(Posted: July 20th 2006)
Commonwealth vs. Castro
7.14.2006
Nancy L. Butts
Criminal:
Appeal; sexually violent predator; consistency of jury verdict; unduly harsh sentence; Megan's Law hearing; psychological testimony; consecutive sentences relating to same incident
(Castro071306bt)
(Posted: July 20th 2006)
Administrative Appeal:
Land use appeal; premature approval; conditional approval of land use plan; discretion of count on appeal
(Weis063006bt)
(Posted: July 20th 2006)
Civil:
Preliminary objections; impertinent, immaterial, and scandalous allegations; motion to compel; insufficient discovery responses; motion for sanctions
(Citation071706bt)
(Posted: July 20th 2006)
LAS vs. RMS
7.8.2006
Nancy L. Butts
Support:
Exceptions to child support; unreimbursed medical expenses; over withholding of taxes; calculation of income
(LAS070806bt)
(Posted: July 8th 2006)
Bennett vs. Brewer
6.1.2006
Kenneth D. Brown
Civil:
Appeal; denial of in forma pauperis petition; patently frivolous action; failure to file rule 1925 statement
(bennett060106br)
(Posted: July 6th 2006)
Civil:
Appeal of arbitrator's decision; termination of school employee for drug use off the job; arbitrator's interpretation of the bargaining agreement; employer's discretion; scope of arbitrator's authority
(Loyalsock061506br)
(Posted: July 6th 2006)
Commonwealth vs. Leach
6.29.2006
Kenneth D. Brown
Criminal:
Appeal; drug case; size of fine; ability to pay
(Leach062906br)
(Posted: July 6th 2006)
Commonwealth vs. Gennarelli
6.26.2006
Kenneth D. Brown
Criminal:
Appeal; sexual offenses; weight of evidence; competency of child witness; ineffective counsel; trial strategy; objections to testimony; propriety of prosecutor's closing argument; jury charge; merger of offenses; consideration of juvenile record in Megan's Law hearing
(Gennarelli062606br)
(Posted: July 6th 2006)
Commonwealth vs. Sturdivant
6.6.2006
William S. Kieser
Criminal:
Motion to dismiss; rule 600; due diligence in locating incarcerated defendant
(Sturdivant60606K)
(Posted: June 30th 2006)
Commonwealth vs. Moon
6.2.2006
William S. Kieser
Criminal:
Appeal; failure to file rule 1925 statement; waiver of objections
(Moon060206K)
(Posted: June 30th 2006)
Commonwealth vs. Scarfo
6.21.2006
William S. Kieser
Criminal:
Appeal by Commonwealth; dismissal of DUI count; blood alcohol evidence; engine heat as evidence of time of use of vehicle; delayed test
(Scarfo062106K)
(Posted: June 30th 2006)
CAS vs. SAC
6.27.2006
Nancy L. Butts
Support:
Exceptions to spouse and child support; earning capacity based on former employment; attempt to mitigate lost income
(CAS062706bt)
(Posted: June 30th 2006)
Hartzel vs. Edkin
6.20.2006
Nancy L. Butts
Civil:
Non-jury trial; termination of partnership agreement; liability for debts; distribution of assets
(Hartzel062006bt)
(Posted: June 30th 2006)
Civil:
Non-jury trial; breach of contract; failure to appear
(Supply061506bt)
(Posted: June 30th 2006)
JAR vs. LR
6.29.2006
Richard A. Gray
Divorce:
Exceptions to denial of alimony; marital misconduct; economic factors; size of marital estate
(Reichenbach062906g)
(Posted: June 30th 2006)
Commonwealth vs. Bowers
6.8.2006
Nancy L. Butts
Criminal:
Post conviction relief act petition; Megan's Law registration; violation of state and federal constitutions; ineffective counsel
(Bowers060806bt)
(Posted: June 22nd 2006)
LLL vs. BKL
6.13.2006
Nancy L. Butts
Divorce:
Appeal of divorce decree; service of notice to request entry of decree; deadline to assert economic claims; bifurcation
(Larka061406bt)
(Posted: June 22nd 2006)
Support:
Exceptions to child support; earning capacity; failure to maintain or find better employment
(SLE062006bt)
(Posted: June 22nd 2006)
Civil:
Appeal; factors to award sanctions under Rule 1023.1
(regscan062106a)
(Posted: June 22nd 2006)
Commonwealth vs. Clark
6.16.2006
Dudley N. Anderson
Criminal:
Motion to suppress; drug case; informant's information; reliability of informant; probable cause
(clark061606a)
(Posted: June 21st 2006)
MLB vs. TPB
6.15.2006
Richard A. Gray
Divorce:
Exceptions to alimony pendente lite; assessment of income; borrowed money
(Butters061506g)
(Posted: June 21st 2006)
Commonwealth vs. Sagan
6.12.2006
Dudley N. Anderson
Criminal:
Post sentence motion; DUI; considerations in sentencing; prior DUI; refusal to submit to blood testing; right to a jury trial
(sagan061206a)
(Posted: June 18th 2006)
Civil:
Post trial motions; non-jury trial; fiduciary duty; officer salaries; proof of damages
(camerer061406a)
(Posted: June 18th 2006)
Commonwealth vs. Wimberly
5.23.2006
William S. Kieser
Criminal:
Motion to suppress; warrantless search; consent; protective sweep
(Wimberly052306K)
(Posted: June 10th 2006)
Administrative Appeal:
Appeal
(Fetter052306K)
(Posted: June 10th 2006)
Commonwealth vs. Smith
5.17.2006
William S. Kieser
Criminal:
Habeas corpus; prima facie case; possession of drugs; exercising conscious dominion
(Smith051706K)
(Posted: June 10th 2006)
Support:
Exceptions to child support; review of total support obligation upon request for review by on recipient
(Stidfole052506br)
(Posted: June 10th 2006)
AMS vs. JPS
5.24.2006
Kenneth D. Brown
Support:
Exceptions to child support; earning capacity; nurturing parent doctrine; quitting employment for lower paying job
(Saar052406br)
(Posted: June 10th 2006)
Commonwealth vs. Moore
5.31.2006
Kenneth D. Brown
Criminal:
Appeal; dismissal of the appeal for failure to pay for trial transcript; excessive sentence
(Moore053106br)
(Posted: June 10th 2006)
Shifflet vs. Getgen
5.26.2006
William S. Kieser
Civil:
Appeal; protection from abuse order; objection to requirement of sharing of home related costs after eviction; effect of stipulation
(Shifflet052606K)
(Posted: June 10th 2006)
Commonwealth vs. Lowe
6.5.2006
Dudley N. Anderson
Criminal:
Motion to suppress; voluntariness of consent to search
(lowe060506a)
(Posted: June 10th 2006)
Commonwealth vs. Smith
6.8.2006
Dudley N. Anderson
Criminal:
Motion to suppress; vehicle stop; DUI case; probable cause
(smith060806a)
(Posted: June 10th 2006)
Civil:
Non-jury trial; minority stockholder oppression; excessive compensation of officers; denial of access to corporate records and board meetings; elimination of dividends; aggressive expensing of costs; valuation of corporation
(nassberg060206f)
(Posted: June 2nd 2006)
Commonwealth vs. Knight
2.18.2006
Nancy L. Butts
Criminal:
Petition for post conviction collateral relief; no merit letter from counsel; time limit
(knight021506bt)
(Posted: May 28th 2006)
MAL vs. TML
5.9.2006
Nancy L. Butts
Support:
Exceptions to spouse and child support; earning capacity based on former employment; self employment; attempt to mitigate lost income
(MAL050906bt)
(Posted: May 24th 2006)
SHS vs RES
5.12.2006
Nancy L. Butts
Support:
Exceptions to child support; modification request; material and substantial change; increased income and expenses; effect of miniscule changes in time spent with children on support obligation
(SMS051006bt)
(Posted: May 24th 2006)
Administrative Appeal:
Appeal from driving license suspension; deemed refusal to submit to chemical testing; competent medical evidence; impairment due to alcohol, anxiety & learning disability
(Pfirman051806g)
(Posted: May 24th 2006)
Civil:
Motion for summary judgment; gist of action; negligent performance of a contract
(Keystone051906bt)
(Posted: May 24th 2006)
Commonwealth vs. Heath
5.3.2006
Dudley N. Anderson
Criminal:
Motion to dismiss; rule 600; due diligence in locating defendant
(heath050306a)
(Posted: May 24th 2006)
KM vs. RM
5.5.2006
Nancy L. Butts
Support:
Exceptions to support modification petition; proof of disability; changed circumstances; earning capacity; employment perquisite that benefits both parties
(KM050506bt)
(Posted: May 9th 2006)
Commonwealth vs. Toner
5.3.2006
Nancy L. Butts
Criminal:
Motion for return of property; illegal seizure; proof of ownership; derivative contraband
(Toner050306bt)
(Posted: May 9th 2006)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: May 8th 2006)
Civil:
Motion for reconsideration; demurrer to survival action; capacity of plaintiff; expiration of the statute of limitations; relation back
(Firth040406K)
(Posted: May 3rd 2006)
Lamper vs. Ryan
4.11.2006
Kenneth D. Brown
Civil:
Motion in limine; weight of photographs and expert evidence; testimony condition of property was in the same condition
(lamper041106br2)
(Posted: May 3rd 2006)
Commonwealth vs. Bennett
4.17.2006
Kenneth D. Brown
Criminal:
Appeal; timeliness of PCRA
(Bennett041706br)
(Posted: May 3rd 2006)
Administrative Appeal:
Zoning appeal; standard of review; credibility of witnesses; abandonment
(Cummings042106br)
(Posted: May 3rd 2006)
Administrative Appeal:
Zoning appeal; standard of review; vested right based on decision of officer, later revoked
(Prince042106br)
(Posted: May 3rd 2006)
Civil:
Appeal
(CLC042506bt)
(Posted: May 3rd 2006)
Commonwealth vs. Bennett
4.17.2006
Kenneth D. Brown
Criminal:
PCRA as exclusive remedy for post-conviction claims; pending appeal on PCRA denial
(Bennett041706br2)
(Posted: May 3rd 2006)
Lamper vs. Ryan
4.11.2006
Kenneth D. Brown
Civil:
Motion for summary judgment; mold case; warranty of fitness or breach of in context of commercial lease; applicability of UCC warranty to real estate; expert testimony
(lamper041106br)
(Posted: May 3rd 2006)
AMS vs. LLS.
4.20.2006
Nancy L. Butts
Support:
Exceptions to child support; emancipation; failure to graduate high school; age of majority
(ams042006bt)
(Posted: May 2nd 2006)
PAY vs. BIP
4.20.2006
Nancy L. Butts
Support:
Exceptions to child support; earning capacity; investigation of "true wealth"; deviation for mental health issues
(pay042006bt)
(Posted: May 2nd 2006)
Commonwealth vs. Agostini
5.1.2006
Dudley N. Anderson
Criminal:
Motion to suppress; vehicle stop; DUI case; request for assistance; jurisdiction of police officer
(agostini050106a)
(Posted: May 2nd 2006)
Commonwealth vs. Hughes
4.11.2006
Richard A. Gray
Criminal:
Appeal; sufficiency of evidence; trespass; admissibility of evidence of prior threats; rule 600 delay; availability of defense counsel
(Hughes041106g)
(Posted: April 24th 2006)
Commonwealth vs. Phillips
4.18.2006
Nancy L. Butts
Criminal:
Appeal; post conviction hearing act petition denial; lack of colorable claim
(Phillips041806bt)
(Posted: April 24th 2006)
Commonwealth vs. Colvin
4.13.2006
Nancy L. Butts
Criminal:
Appeal; denial of request for transcripts
(Colvin041306bt)
(Posted: April 17th 2006)
Civil:
Appeal; declaratory judgment verdict; entry of final judgment; timeliness of appeal
(CLC041306bt)
(Posted: April 17th 2006)
Commonwealth vs. Gephart
3.6.2006
Kenneth D. Brown
Criminal:
Appeal; request to review children & youth files containing history of sexual abuse; in camera review; propriety of prosecutor's closing comments
(Gephart030606br)
(Posted: April 3rd 2006)
Civil:
Preliminary objections; pleading breach of contract; third party beneficiary; assignment of contract claim; duty of care of architect to subsequent purchaser; implied warranties; specificity of pleading
(Meadows030606K)
(Posted: April 3rd 2006)
Commonwealth vs. Webb
3.2.2006
Kenneth D. Brown
Criminal:
Appeal; violation of terms of intermediate punishment; notice of probation violation; sufficiency of evidence of violation
(Webb030206br)
(Posted: April 3rd 2006)
Entz vs. PaDOT
3.13.2006
Kenneth D. Brown
Civil:
License suspension appeal; unreasonable delay; prejudice; delay attributable to the Administrative Office of Pa. Courts
(Entz031306br)
(Posted: April 3rd 2006)
PaDOT vs Buskirk
3.13.2006
Kenneth D. Brown
Civil:
License suspension appeal; unreasonable delay; prejudice; delay attributable to the Administrative Office of Pa. Courts
(Buskirk031306br)
(Posted: April 3rd 2006)
Commonwealth vs. Stavoy
3.17.2006
Kenneth D. Brown
Criminal:
Appeal; drug case; prosecutorial misconduct; revealing information about confidential informant; waiver by failure to object
(Stavoy031706br)
(Posted: April 3rd 2006)
In re: TT and DT
3.15.2006
Nancy L. Butts
Adoption:
Termination of parental rights; failure to perform parental duties; complete lack of contact for a year
(TMT031306bt)
(Posted: April 3rd 2006)
Commonwealth vs. Tanner
3.29.2006
Kenneth D. Brown
Criminal:
Petition for post conviction relief; appeal rights; suppression of statement; diminished mental capacity; weight of the evidence
(Tanner032906br)
(Posted: April 3rd 2006)
Civil:
Preliminary objections; legal insufficiency; claimed theft of trade secrets; attorneys' fees; misappropriation; specificity of damage claims; computer fraud and abuse act violation; negligent misrepresentation
(Citation032306bt)
(Posted: April 3rd 2006)
JLJ vs. KRT
3.25.2006
Nancy L. Butts
Support:
Exceptions to support and alimony pendente lite; income determination; small business; use of actual cash flow; health expenses
(JLJ032406bt)
(Posted: April 3rd 2006)
McMillin vs. Kohler
3.9.2006
William S. Kieser
Civil:
Motion for summary judgment; elements of defamation claim; publication; use of hearsay evidence
(McMillan030906K)
(Posted: April 3rd 2006)
In re: JC
3.17.2006
Richard A. Gray
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: March 21st 2006)
Dolan Estate
2.23.2006
Nancy L. Butts
Wills and Estates:
Motion to strike objections to first account of will; motion to intervene; standing to object; substantial, direct and immediate interest; residuary beneficiary
(Dolan022306bt)
(Posted: March 19th 2006)
Commonwealth vs. Yasipour
3.7.2006
Dudley N. Anderson
Criminal:
Motion to preclude defense of diminished capacity; presenting simultaneous presentation of insanity and diminished capacity defenses
(yasipour030706a)
(Posted: March 19th 2006)
Commonwealth vs. Johnson
2.6.2006
William S. Kieser
Criminal:
Motion to suppress; DUI; reasonable suspicion for stop
(Johnson020606K)
(Posted: March 3rd 2006)
Administrative Appeal:
Petition to open judgment; writ of scire facias on municipal lien; sewer line connection; stay of sheriff's sale; breach of agreement to pay judgment
(OldLycoming020606K)
(Posted: March 3rd 2006)
Commonwealth vs. Blackwell
2.6.2006
William S. Kieser
Criminal:
Petition for writ of habeas corpus; compliance with post conviction relief act; review of decision to deny parole
(Blackwell020606K)
(Posted: March 3rd 2006)
Civil:
Appeal
(WMWA022806bt)
(Posted: March 3rd 2006)
SMB vs. RB
2.28.2006
Nancy L. Butts
Support:
Exceptions to support; calculation of income; deduction for health insurance
(SMB-W022806bt)
(Posted: March 3rd 2006)
Commonwealth vs. Clark
1.17.2006
Kenneth D. Brown
Criminal:
Appeal; post conviction relief act petition denial; sexual offenses; legality of sentence; merger of offenses; ineffective counsel; failure to call witnesses; prejudice
(Clark011706br)
(Posted: March 2nd 2006)
Commonwealth vs. Breish
1.17.2006
Kenneth D. Brown
Criminal:
Appeal; DUI; Rule 1925 statement; waiver of objections
(Breish011706br)
(Posted: March 2nd 2006)
In re TR
2.3.2006
Kenneth D. Brown
Adoption:
Appeal; failure to appear for hearing; petition for involuntary termination of parental rights; mother with mental health and alcohol problems
(tr020306br)
(Posted: March 2nd 2006)
Commonwealth vs. Royal
1.31.2006
Kenneth D. Brown
Criminal:
Appeal; case; failure to consider mental health and physical problems in imposing sentence
(Royal013106)
(Posted: March 2nd 2006)
Lamb vs. Brodish
2.14.2006
Kenneth D. Brown
Divorce:
Petition to enforce property settlement and for contempt
(Lamb021406br)
(Posted: March 2nd 2006)
Commonwealth vs. Bennett
2.16.2006
Nancy L. Butts
Criminal:
Motion for post conviction collateral relief; timeliness of filing
(Bennett021606bt)
(Posted: March 2nd 2006)
Commonwealth vs. Wells
2.16.2006
Kenneth D. Brown
Criminal:
Petition for post conviction collateral relief; timeliness; waiver
(Wells021606br)
(Posted: March 2nd 2006)
Commonwealth vs. Yasipour
2.21.2006
Dudley N. Anderson
Criminal:
Motion to suspend administration of medication; necessity of showing jury "normal emotional state"; overriding state interest to ensure the safety of defendant and others
(yasipour022106a)
(Posted: March 1st 2006)
JME vs. CE
2.17.2006
Nancy L. Butts
Support:
Exceptions to child support; unreported increase in wages; undocumented evidence of other support obligations
(CME021606bt)
(Posted: February 20th 2006)
MZ vs. WZ
2.10.2006
Nancy L. Butts
Divorce:
Exceptions to alimony pendente lite; unemployment compensation in calculation of earning compensation; deviation for minimal living expenses
(MZ021006bt)
(Posted: February 16th 2006)
MLH vs. MRE
2.9.2006
Nancy L. Butts
Support:
Exceptions; jurisdiction
(MLH021606bt)
(Posted: February 16th 2006)
SLL vs. JAE
2.9.2006
Nancy L. Butts
Support:
Exceptions to child support; voluntarily quitting work to pursue high school diploma; earning capacity assessed
(SLL020806bt)
(Posted: February 16th 2006)
Commonwealth vs. Seitzer
2.7.2006
Richard A. Gray
Criminal:
Appeal; unlawful communication with a minor; discussions of a sexual nature; consistency of verdict
(Seitzer020706g)
(Posted: February 16th 2006)