Commonwealth vs. Swank
8.28.2003
Nancy L. Butts
Criminal:
Motion to dismiss; bad checks; post dated check; intent to defraud
(swank082803)
(Posted: September 12th 2003)
Commonwealth vs. Hillman
9.4.2003
Nancy L. Butts
Criminal:
Petition for habeas corpus; rape; element of forcible compulsion
(hillman090403bt)
(Posted: September 12th 2003)
Criminal:
Motion to suppress evidence; vehicle stop; DUI
(dimassimo090903bt)
(Posted: September 12th 2003)
Civil:
Preliminary objections; wrongful eviction; capacity of non tenant to sue; specificity of complaint; affirmative defenses
(Hughes091103k)
(Posted: September 11th 2003)
Poust vs. Heuser
9.5.2003
William S. Kieser
Civil:
Motion for summary judgment; wrongful death/survival case; liability of landlord out of possession to trespassing children; attractive nuisance
(Poust090503k)
(Posted: September 5th 2003)
White vs. White
7.21.2003
Clinton W. Smith
Divorce:
Petition to enforce agreement
(White072103s)
(Posted: September 4th 2003)
Commonwealth vs. Hampton
7.31.2003
Clinton W. Smith
Criminal:
Appeal; post conviction hearing act; Finley letter
(Hampton080103s)
(Posted: September 4th 2003)
Commonwealth vs. Anderson
7.31.2003
Kenneth D. Brown
Criminal:
Appeal; driving under suspension; DUI related; multiple suspensions
(Anderson073103br)
(Posted: September 4th 2003)
Commonwealth vs. Still
8.5.2003
William S. Kieser
Criminal:
Post Conviction Relief Act; timeliness
(Still080503k)
(Posted: September 4th 2003)
Civil:
Preliminary objections; parent's loss of child's consortium
(Hill080403br)
(Posted: September 4th 2003)
Civil:
Motion for post-trial relief; scheduling order; credibility and weight of evidence; timeliness of motion
(ManevalPTR0808k)
(Posted: September 4th 2003)
Civil:
Supplemental adjudication and verdict; damages awarded
(Maneval080803k2)
(Posted: September 4th 2003)
Civil:
Motion for summary judgment; prima facie case of negligence; factual issues; boating accident
(Steinbeck080803k)
(Posted: September 4th 2003)
Civil:
Request to stop Department of Corrections from deducting fines and costs from inmate account; reconsideration; need for ability to pay hearing
(Bradley081203s)
(Posted: September 4th 2003)
RA vs. SA
8.7.2003
Clinton W. Smith
Divorce:
Exceptions to equitable distribution and alimony; need for alimony; disparity of income and assets
(Arrington081203s)
(Posted: September 4th 2003)
Civil:
Declaratory judgment; possession of property; right to fire insurance proceeds; summary judgment motion; fact issues; equitable ownership; equitable conversion; constructive trust
(Welch082603k)
(Posted: September 4th 2003)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: September 4th 2003)
Civil:
Preliminary objections; fact pleading; demurrer; amended complaint
(Vincent090403k)
(Posted: September 2nd 2003)
DH vs. CS and JS
2.6.2003
Clinton W. Smith
Support:
Petition to establish paternity; blood tests; presumption; estoppel
(dh020603s)
(Posted: August 21st 2003)
Civil:
Motion to stay; declaratory judgment; pending Texas action; preemptive defense; lis pendens; unclean hands; forum shopping
(Avco040303k)
(Posted: August 21st 2003)
CK vs. GEK
7.31.2003
Dudley N. Anderson
Support:
Appeal; spouse support
(kline073103a)
(Posted: August 21st 2003)
NM vs. MJM
8.13.2003
Dudley N. Anderson
Support:
Exceptions to child support; material and substantial change in circumstances; rental income; reduction for mortgage payment
(marino081303a)
(Posted: August 21st 2003)
AMH vs. REG; AMS vs. REG
7.23.2003
Dudley N. Anderson
Support:
Exceptions to child support; determination of income and earning capacity; unusual vehicle expense
(huffman072303a)
(Posted: August 20th 2003)
Commonwealth vs. Mull
7.30.2003
Dudley N. Anderson
Criminal:
Appeal
(mull073003a)
(Posted: August 20th 2003)
BAC vs. SSC
8.4.2003
Dudley N. Anderson
Support:
Exceptions to support; distribution of capital; federal tax refund; rental income/expense; depreciation; visitation effecting support
(catherman080403a)
(Posted: August 20th 2003)
TB vs. MD, Jr.
8.13.2003
Dudley N. Anderson
Support:
Exceptions to child support; registration of foreign order; transfer of interest in marital property as satisfaction of support obligation
(brunson081303a)
(Posted: August 20th 2003)
Commonwealth vs. Kreider
8.13.2003
Dudley N. Anderson
Criminal:
Appeal; sex crime; length of sentence
(kreider081303a)
(Posted: August 20th 2003)
Commonwealth vs. Brooks
8.20.2003
Nancy L. Butts
Criminal:
Omnibus pre-trial motion; timely complaint; suppression; dismissal for inconsistent information; drug case; prejudice; warrantless search; exigent circumstances; consent
(brooks082003bt)
(Posted: August 20th 2003)
Civil:
Petition for stay of execution of judgment; Act 84 deductions; ability to pay finding
(Bradley072103s)
(Posted: August 18th 2003)
Jean vs. Purcell
8.13.2003
William S. Kieser
Civil:
Motions for summary judgment; statute of limitations; wrongful death and survival actions; discovery rule
(Jean080603k)
(Posted: August 6th 2003)
Civil:
Preliminary objection; demurrer; insurance coverage dispute; garage policy; vehicle or person orientation; amendment to Financial Responsibility Law
(Donegal040303k)
(Posted: August 4th 2003)
Commonwealth vs. Eisner
6.18.2003
Kenneth D. Brown
Criminal:
Appeal; burglary and theft case; evidence connecting defendant to other crimes; mistrial motion
(Eisner061803br)
(Posted: July 31st 2003)
Lockard vs. Lockard
6.27.2003
Clinton W. Smith
Divorce:
Exceptions to alimony pendente lite; calculation in case involving foreign order of child support
(Lockard062703s)
(Posted: July 31st 2003)
Commonwealth vs. Koch
6.27.2003
William S. Kieser
Criminal:
Appeal; failure to file rule 1925 statement; plea agreement; request to withdraw plea; legality of sentence
(Koch052703k)
(Posted: July 31st 2003)
Reigle vs. Moyer
6.27.2003
William S. Kieser
Civil:
Non-jury trial; declaratory judgment action; validity of Mexican divorce decree
(Reigle062703k)
(Posted: July 31st 2003)
Civil:
Preliminary objections; employment contract case; implied contract; employee handbook; intentional infliction of emotional distress; Workers' Compensation Act; wrongful discharge; violation of public policy; exhaustion of statutory remedies
(Eckenrod036003br)
(Posted: July 31st 2003)
Commonwealth vs. Webster
6.30.2003
Kenneth D. Brown
Criminal:
Appeal; drug case; sufficiency of evidence; evidence of taped statement of defendant
(Webster063003br)
(Posted: July 31st 2003)
Civil:
Appeal; Preliminary objections; adverse possession; exclusivity; standing
(Seda-Cog070203br)
(Posted: July 31st 2003)
Commonwealth vs. Wheeler
7.3.2003
William S. Kieser
Criminal:
Appeal; assault case; self-defense; inappropriate comments in district attorney's summation
(Wheeler070303k)
(Posted: July 31st 2003)
Lenhart vs. Poust
7.2.2003
William S. Kieser
Civil:
Preliminary objections; pleading action to quiet title; no allegation of possession; adequacy of the description; specificity of the complaint; ejectment action; pleading names of predecessors in title
(Lenhart070203k)
(Posted: July 31st 2003)
In re: K.K., Minor child
7.1.2003
William S. Kieser
Adoption:
Appeal; termination of rights
(KKF070103k)
(Posted: July 31st 2003)
Commonwealth vs. Rebo
7.8.2003
Kenneth D. Brown
Criminal:
Appeal; assault case; weight of the evidence; car chase as evidence of consciousness of guilt; prejudice
(Rebo0700803br)
(Posted: July 31st 2003)
Brown vs. Brown
7.7.2003
Clinton W. Smith
Support, Divorce:
Exceptions to child support and alimony pendente lite; earning capacity; tax refund; share custody situation
(Brown070703s)
(Posted: July 31st 2003)
Support:
Exceptions to child and spouse support; earning capacity; allocation of possible recovery in personal injury lawsuit; calculation of support
(Steinbacher070903s)
(Posted: July 31st 2003)
Noble vs. Noble
7.10.2003
Clinton W. Smith
Divorce:
Counseling; payment of costs; prospect of reconciliation
(Noble071003s)
(Posted: July 31st 2003)
Smith vs. Smith
7.11.2003
Clinton W. Smith
Divorce:
Alimony pendente lite; termination for failure to settle financial issues; availability of equitable distribution hearing
(Smith071103s)
(Posted: July 31st 2003)
In re: M.B & C.B.
7.15.2003
Kenneth D. Brown
Adoption:
Appeal; petition for involuntary termination of parental rights; drug dependency; prostitution
(mb071503br)
(Posted: July 31st 2003)
In re: M.C., minor child
7.21.2003
Kenneth D. Brown
Adoption:
Appeal; petition for involuntary termination of parental rights; incarcerated parent; contact with child; refusal to submit to drug tests
(mc072103br)
(Posted: July 31st 2003)
Feist vs. Caprio and Allen
7.22.2003
Kenneth D. Brown
Civil:
Motion for contempt and sanctions; compliance with court order to complete sale of property; weekend closing
(feist072203br)
(Posted: July 31st 2003)
Mauck vs. Mauck
7.21.2003
Clinton W. Smith
Divorce:
Exceptions to master's report; permanent alimony; duration of marriage; fault; health insurance; attorney's fees award
(Mauck072103s)
(Posted: July 31st 2003)
In re: K.K., Minor child
7.1.2003
William S. Kieser
Adoption:
Appeal; termination of rights; waiver
(KKM070103k)
(Posted: July 31st 2003)
Dembitsky vs. Dembitsky
7.28.2003
Nancy L. Butts
Divorce:
Appeal; health insurance and pension issues; waiver; remand; distribution of pension after retirement
(dembitsky072903bt)
(Posted: July 30th 2003)
RDN vs. MJH
7.1.2003
Dudley N. Anderson
Support:
Exceptions to child support; calculation of income; earning capacity; income tax calculation
(nunn070103a)
(Posted: July 22nd 2003)
EM vs. DAM
7.2.2003
Dudley N. Anderson
Support, Divorce,:
Motion to vacate support provisions of final protection from abuse order; mortgage payment; equitable distribution
(mckee070203a)
(Posted: July 22nd 2003)
LLW vs. BLW
7.2.2003
Dudley N. Anderson
Divorce:
Petition to terminate alimony pendente lite; length of marriage; lack of economic issues; lack of an order
(watts070203a)
(Posted: July 22nd 2003)
JAR, Jr. vs. RLF, Jr.
7.3.2003
Dudley N. Anderson
Support:
Exceptions to child support; payment to grandparent; income determination; mother's earning capacity
(read070303a)
(Posted: July 22nd 2003)
Support:
Exceptions to child support; retroactive modification date; social security disability
(miller070303a)
(Posted: July 22nd 2003)
Commonwealth vs. Heffner
7.14.2003
Dudley N. Anderson
Criminal:
Omnibus pre-trial motion; habeas corpus; discovery; psychological records of victim; competency of victim; timeliness of motion;
(heffner071403a)
(Posted: July 22nd 2003)
Commonwealth vs. Thomas
1.10.2003
William S. Kieser
Criminal:
Motion to reconsider grant of motion to compel admission into ARD; district attorney's discretion; prior record; lack of written policy
(thomas011003k)
(Posted: July 3rd 2003)
Commonwealth vs. Rose
12.27.2002
Clinton W. Smith
Criminal:
Motion for new trial; ineffective counsel; objection to closing; comment on failure to make statement to police; right against self incrimination; failure to object; correct procedure
(Rose122702s)
(Posted: July 2nd 2003)
Barto vs. Colalanni
2.21.2003
Kenneth D. Brown
Civil:
Motion in limine; county coroner; cause of death; qualification of expert
(barto022103br1)
(Posted: June 30th 2003)
Scott vs. Scott
6.4.2003
Kenneth D. Brown
Support:
Exceptions to child and spouse support; income determination; rental property; value of company car; child care
(scott060403br)
(Posted: June 30th 2003)
Civil:
Nonjury trial; assessment of damages; violation of ordinance
(colechio060903br)
(Posted: June 30th 2003)
Commonwealth vs. Grimes
6.24.2003
Kenneth D. Brown
Criminal:
Appeal; post sentence motion; vehicular homicide; jury instructions; ex post facto law
(grimes062403br)
(Posted: June 30th 2003)
Commonwealth vs. Huey
6.24.2003
Kenneth D. Brown
Criminal:
Appeal; DUI case; operation of motor vehicle; waiver; weight of evidence; disclosure of expert testimony
(huey062403br)
(Posted: June 30th 2003)
Fowler vs. Fowler
6.11.2003
Nancy L. Butts
Support:
Exceptions to spousal support; earning capacity; deviation for child support for obligation on student loan; tax exemption
(fowler061103bt)
(Posted: June 28th 2003)
Commonwealth vs. Day
4.30.2003
Dudley N. Anderson
Criminal:
Motion to consolidate; drug case; possession and delivery; common plan or scheme
(day043003a)
(Posted: June 26th 2003)
Hykes vs. Bailey
6.25.2003
William S. Kieser
Support:
Exceptions to child support; earning capacity; continuance request; claimed disability; nurturing parent; need for counsel
(Hykes062503k)
(Posted: June 26th 2003)
Administrative Appeal:
Motion for limited additional evidence; timeliness of appeal; jurisdiction; payment of the fee
(Swarey062503k)
(Posted: June 26th 2003)
Commonwealth vs. Hilfirty
6.3.2003
William S. Kieser
Criminal:
Motion to vacate arrest warrant; fines and costs; statute of limitations
(Hilfirty060303k)
(Posted: June 25th 2003)
Civil:
Preliminary objections; contract case; specificity; failure to join indispensable parties; timeliness; appeal from district justice decision; consignment
(Overnite061003k)
(Posted: June 25th 2003)
Civil:
Appeal; need for expert testimony
(Beck061003k)
(Posted: June 25th 2003)
Kinley vs. Kinley
6.23.2003
Clinton W. Smith
Divorce:
Equitable distribution; oral modification of pre-nuptial agreement; conveyance of real estate into tenants by the entireties
(Kinley062303s)
(Posted: June 25th 2003)
Maneval vs. Nationwide
6.24.2003
William S. Kieser
Civil:
Non-jury trial; claim for fire damage to home; insurance bad faith; Unfair Insurance Practices Act; unreasonable delay; attorney's fees; punitive damages
(Maneval062403k)
(Posted: June 25th 2003)
Adoption:
Motion for summary judgment; bad faith; estoppel; decision by insurance department
(nopublication)
(Posted: June 23rd 2003)
Commonwealth vs. Hall
5.23.2003
Dudley N. Anderson
Criminal:
Motion to suppress; drug case; detention on reasonable suspicion; consent to be searched
(hall052303a)
(Posted: June 20th 2003)
Commonwealth vs. Kohler
5.23.2003
Dudley N. Anderson
Criminal:
Petition for writ of habeas corpus; prima facie case; endangering welfare of children
(kohler052303a)
(Posted: June 20th 2003)
DLE vs. JME. Sr.
5.26.2003
Dudley N. Anderson
Support:
Appeal; support; earning capacity; tax refund; child care expense
(ewing052703a)
(Posted: June 20th 2003)
LAB vs. DJB
5.23.2003
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity, recalculation; tax exemption
(brion052303a)
(Posted: June 20th 2003)
Commonwealth vs. Murray
6.4.2003
Dudley N. Anderson
Criminal:
Appeal; endangering the welfare of a child; sufficiency of the evidence; medical care
(murray060403a)
(Posted: June 20th 2003)
CAK vs. GEK
6.10.2003
Dudley N. Anderson
Support:
Exceptions to spousal support; earning capacity; interest and dividends
(kline061003a)
(Posted: June 20th 2003)
SRW vs. JLW
6.13.2003
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity; military allotment
(white061303a)
(Posted: June 20th 2003)
Commonwealth vs. Lattie
5.28.2003
Dudley N. Anderson
Criminal:
Appeal; excessive sentence; theft case
(lattie052803a)
(Posted: June 20th 2003)
Commonwealth vs. Noviello
6.9.2003
Dudley N. Anderson
Criminal:
Motion to suppress; DUI; warrantless search of house; exigent circumstances
(noviello060903a)
(Posted: June 9th 2003)
Civil:
Summary judgment motions; tree damage; technical trespass of tree branches
(Cable041003k)
(Posted: June 4th 2003)
Civil:
Motion for summary judgment; medical malpractice; res ipsa loquitor; need for expert opinion to establish prima facie case
(Beck041103k)
(Posted: June 4th 2003)
Civil:
Preliminary objections; civil penalties; junk yard; zoning ordinance; no appeal; tolling the per diem rate during litigation; proper verification; failure to file answer after default notice
(Piatt050803k)
(Posted: June 4th 2003)
Hartranft Tax Sale
5.9.2003
William S. Kieser
Civil:
Appeal
(Hartranft050903k)
(Posted: June 4th 2003)
Administrative Appeal:
Appeal
(shannon051503br)
(Posted: June 4th 2003)
Civil:
Motion for summary judgment; contract case; fraud in the inducement; puffing; future performance; subjective legal opinion; integrated contract; rescission; Unfair Trade Practices law
(Cassidy052503br)
(Posted: June 4th 2003)
Civil:
Motion to Compel tax return production; in camera review
(Cassidybr010203)
(Posted: June 4th 2003)
Commonwealth vs. Nudd
5.13.2003
Nancy L. Butts
Criminal:
Motion to Suppress; search; probable cause; reasonable and articulable belief of Motor Vehicle Code violation
(nudd051303bt)
(Posted: June 4th 2003)
Criminal:
Appeal; notice of minimum sentence; ineffective counsel; constitutionality
(williams050103bt)
(Posted: June 3rd 2003)
Commonwealth vs. Williams
5.13.2003
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea after sentencing; assault; restitution; failure to comply with plea agreement; fair and just reason;
(williams051303bt)
(Posted: June 3rd 2003)
Commonwealth vs. Cooke
5.15.2003
Nancy L. Butts
Criminal:
Appeal; Post Conviction Relief Act Petition; notice of intention to dismiss; extension of time; ineffective counsel; counsel on appeal
(cooke051503bt)
(Posted: June 3rd 2003)
EC vs. RC III
2.6.2003
Clinton W. Smith
Support, Divorce:
Separation agreement; child support; attempted waiver of child support; consideration
(EC020603s)
(Posted: June 2nd 2003)
Commonwealth vs. Wheeler
4.30.2003
Dudley N. Anderson
Criminal:
Petition for habeas corpus; burglary; prima facie case; intent to commit a crime
(wheeler043003a)
(Posted: May 28th 2003)
ARS vs. WDS
5.6.2003
Dudley N. Anderson
Support:
Exceptions to child support; health insurance coverage; deduction of alimony
(santo050603a)
(Posted: May 28th 2003)
BLM vs. JWM
5.6.2003
Dudley N. Anderson
Divorce:
Exceptions to alimony pendente lite; mortgage contribution; equalization of financial resources; lump sum payment of arrearage
(miller050603a)
(Posted: May 28th 2003)