Commonwealth vs. Maggs
11.8.2022
Ryan M. Tira
Criminal:
Motion to permit testimony by contemporaneous alternative method and motion to admit out of court statements; evidence that the child may experience emotional distress if she is required to testify in front of her father, her alleged abuser; applicability of Tender Years Hearsay Act; time, content, and circumstances of out of court statement providing sufficient indicia of reliability; availability of child as a witness
(maggs110822t)
(Posted: December 5th 2022)
Sampson vs. Hartzell
11.16.2022
Eric R. Linhardt
Civil:
Motion to open judgment of non pros for failure to file certificate of merit in medical malpractice case; timeliness of motion; reasonable explanation or legitimate excuse for failure to comply with rule; impact of pro se status; failure to take any steps to comply with the rules
(sampson111622li)
(Posted: December 5th 2022)
Commonwealth vs. Bean
11.29.2022
Dudley N. Anderson
Criminal:
Post conviction relief act petition; jurisdiction; timeliness; insufficient facts to establish interference by government
officials or newly discovered facts; failure to identify government officials or how they interfered with petition; fishing expedition for records to support after discovered evidence claim
(bean112922a)
(Posted: December 5th 2022)
Civil:
Preliminary objections to credit card collection complaint; failure to plead written agreement that established interest rates; interest rate cap at legal rate of interest in Pennsylvania; validity of verification of recovery representative to statements made in the complaint
(Holt112322t)
(Posted: December 5th 2022)
Williams vs. Dunlap
12.1.2022
William P. Carlucci
Civil:
Preliminary objections; scandalous and impertinent matter; pleading plea of nolo contendere in criminal case for the same incident
(Williams120122C)
(Posted: December 4th 2022)
Civil:
Summary judgment motion; liability of company for failure to monitor employee's use of a company vehicle; company duty to the public to ensure its vehicles are not used in a reckless manner; fact issue of permissive use; vicarious liability for negligent entrustment of company vehicle; scope of employee's employment as a fact question for jury; knowledge of potential that someone would use a vehicle; reckless conduct as a matter of law; award of punitive damages as a matter of law
(shultz120222Li)
(Posted: December 4th 2022)
Civil:
Motions for summary judgment; contract claim where a material issue of fact remains regarding whether full payment by owner is a condition precedent for payment to subcontractor and where there is claim of defective performance; factual issues related to payment under Pa. Contractor and Subcontractor Payment Act and required notice; reliance on representations of intent to cure; factual issues concerning tort claims about defective plans and damages therefor; factual issues related to whether enrichment was unjust; contract interpretation; waiver of timeliness requirement by acceptance of late performance; effect of no oral modification language; entitlement to recoupment; use of expert reports to demonstrate factual issues for trial
(Reynolds112322C)
(Posted: November 28th 2022)
Civil:
Preliminary objections; punitive damages claims for corporate negligence constituting outrageous conduct in nursing home case; numerous issues of a similar nature occurring consistently over nearly two years of plaintiff's residence; alleged deliberate understaffing
(mertz112122Li)
(Posted: November 21st 2022)
Cuneo vs. UPMC
11.10.2022
Eric R. Linhardt
Civil:
Petition to open judgment of non pros and for reconsideration of order striking it; defect on the face of the record; necessity of a certificate of merit; required procedure where plaintiff does not believe a certificate of merit is required; attempt to avoid filing motion to determine necessity of a certificate of merit by using footnote on a certificate; loss of right to contest non pros by failing to timely motion to determine necessary certificate of merit; need for a certificate of merit for claims of physical and sexual assault in a hospital setting; breach of professional standards governing hospital employees; application of rules 126 and 3051 to certificate of merit procedures; reasonable explanation or legitimate excuse for failure to rectify deficient certificate of merit; preliminary objection; blending causes of action for vicarious liability and corporate negligence
(Cuneo11102022Li)
(Posted: November 13th 2022)
Civil:
Preliminary objections; demurrer to claim that defendant negligently designed and constructed premises where there are only allegations that defendant had a duty to inspect, maintain, repair, control, supervise and/or oversee the
premises and to warn of and correct any hazardous conditions; distinction between construction and maintenance
(Bryan110722Li)
(Posted: November 8th 2022)
Administrative Appeal:
Appeal of decision of the Office of Open Records to right-to-know request denial; motion to compel discovery; applicability of rules of civil procedure; requirements of due process; inherent authority of court to order a form of discovery; discretion as to appropriate scope of discovery; facilitating efficient resolution of issues
(stroehmann110222Li)
(Posted: November 3rd 2022)
Civil:
Motions for summary judgment; breach of contract claim; issues of material fact as to contract interpretation; causes of action and defenses pleaded in the alternative; viability of liquidated damages claim; sufficiency of expert reports to support negligent misrepresentation claim; contributory negligence, as a matter of law
(Lobar110322C)
(Posted: November 3rd 2022)
Civil:
Preliminary objection raising question of actual possession of the disputed property; determination of proper form of action as between action to quiet title or ejectment; characteristics of an owner's use of property
(Okkelberg102422L)
(Posted: October 24th 2022)
JRK Adoption
10.21.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionJRK102122t)
(Posted: October 24th 2022)
Commonwealth vs. DeGarmo
9.17.2021
Nancy L. Butts
Criminal:
Appeal; sufficiency of evidence to convict of intent to solicit sex from a child, based on sexually suggestive communications; deletion of messages as establishing consciousness of guilt; sentencing discretion; proportionality of sentence in conflict with underlying conduct
(Degarmo091721bt)
(Posted: October 17th 2022)
Commonwealth vs. Holly
8.11.2021
Nancy L. Butts
Criminal:
Suppression motion; voluntariness of waiver of Miranda rights; ambiguous or equivocal request for attorney; undue governmental pressure
(Holly081121bt)
(Posted: October 17th 2022)
Commonwealth vs. Knight
9.24.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Knight092421bt)
(Posted: October 17th 2022)
Commonwealth vs. Taylor
9.23.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Taylor092321bt)
(Posted: October 17th 2022)
Commonwealth vs. White
8.16.2021
Nancy L. Butts
Criminal:
Habeas corpus petition; prima facie case; sufficiency of evidence of possession or transfer of drugs; use of hearsay evidence
(White081621bt)
(Posted: October 17th 2022)
Criminal:
Suppression motion; warrantless search of property; consent to presence of police in residence; protective sweep where defendant already in custody; statements made in an
interview with police following request for an attorney
(Staten-Chambers073021BT)
(Posted: October 16th 2022)
Commonwealth vs. Dorsey
8.11.2021
Nancy L. Butts
Criminal:
Motion to return property; initial burden to establish entitlement to property; motion supported by incomplete record
(Dorsey081121bt)
(Posted: October 16th 2022)
Commonwealth vs. Williams
7.16.2021
Nancy L. Butts
Criminal:
Suppression motion; probable cause for search of vehicle; mere encounter becoming an investigative detention upon questioning about marijuana; car and phones were searched as a direct result of the lack of proper storage of medical marijuana; voluntariness of consent to search; coercive explanation of options regarding search
(Williams071621bt)
(Posted: October 16th 2022)
Commonwealth vs. Derr
1.10.2022
David C. Klementik, Senior Judge
Criminal:
Habeas corpus petition; sufficiency of evidence of unsworn falsification and tampering with public records; police officer obstructing administration of law by failing to arrest criminals due to sexual relationships
(Derr011022k)
(Posted: October 15th 2022)
Commonwealth vs. Derr
1.10.2022
David C. Klementik, Senior Judge
Criminal:
Habeas corpus petition; sufficiency of evidence of unlawful use of computer to access JNET database, unrelated to a criminal investigation; improper motives for obtaining information; motion to dismiss; statute of limitations
(Derr011121klementik)
(Posted: October 15th 2022)
Commonwealth vs. Brown
12.17.2021
Nancy L. Butts
Criminal:
Post conviction relief act petition; issue previously litigated in the Superior Court; delay of trial due to his own attorney's illness
(Brown121721bt)
(Posted: October 15th 2022)
Commonwealth vs. Hoskins
6.27.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Hoskins062722bt)
(Posted: October 15th 2022)
Commonwealth vs. Johnson
3.14.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson031422bt)
(Posted: October 15th 2022)
Commonwealth vs. Erwin
3.25.2022
Nancy L. Butts
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion of innocence on one of several charges; liberal allowance of withdrawal motions prior to sentencing
(Erwin032522bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(O'Donnell071422bt)
(Posted: October 15th 2022)
Commonwealth vs. West
6.6.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of cruelty to animals where obviously sick dogs were not provided timely veterinary care
(West060622bt)
(Posted: October 15th 2022)
Commonwealth vs. Lampley
7.12.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; eligibility for relief; sentence already completed
(Lampley071222bt)
(Posted: October 15th 2022)
Commonwealth vs. Gruss
7.13.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Gruss071322bt)
(Posted: October 15th 2022)
Commonwealth vs. Logan
8.23.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; credibility of claims
(Logan082322bt)
(Posted: October 14th 2022)
Commonwealth vs. Johnson
9.19.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Johnson091922bt)
(Posted: October 14th 2022)
Commonwealth vs. Hall
10.13.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Hall101322bt)
(Posted: October 14th 2022)
Commonwealth vs. Strano
10.4.2022
Nancy L. Butts
Criminal:
Motion to dismiss pursuant to rule 600; calculation of excludable time; excusable delay; availability of trial days outside of control of Commonwealth
(Strano100422bt)
(Posted: October 14th 2022)
In re Best
10.4.2022
Nancy L. Butts
Civil:
Appeal; jurisdiction of the court; standing to pursue motion to return property; collateral attacks on other proceedings
(Best100422bt)
(Posted: October 14th 2022)
Commonwealth vs. Young
10.3.2022
Nancy L. Butts
Criminal:
Suppression motion; reasonableness of extension of traffic stop after traffic offenses to commence drug investigation; totality of circumstances; warrantless search based on coerced consent; search as exploitation of prior illegality; proof that a consent is product of an essentially free and unconstrained choice – not the result of duress or coercion; fruit of the poisonous tree doctrine; warrant based on illegal search
(Young100322bt)
(Posted: October 12th 2022)
Commonwealth vs. Martin
10.4.2022
Nancy L. Butts
Criminal:
Suppression motion; probable cause or reasonable suspicion to conduct traffic stop; duty of driver to signal when turning from a parking lot; collective knowledge doctrine; statements constituting fruit of the poisonous tree
(Martin100422bt)
(Posted: October 12th 2022)
Commonwealth vs. Rudinski
9.19.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; ineffectiveness of counsel for failure to request bill of particular to establish alibi defense to downloading child pornography where information already in possession of trial counsel; prejudice; reasonable basis for failure to call alibi witnesses
(Rudinski091922bt)
(Posted: October 12th 2022)
Commonwealth vs. Askey
10.6.2022
Nancy L. Butts
Criminal:
Motion for suppression of statements; Miranda rights; questions asked during normal course of arrest; marijuana in plain sight during arrest
(Askey100622bt)
(Posted: October 12th 2022)
Civil:
Motion to assert cross claims and affirmative defenses resulting from partial settlements; conscious strategy decision to forgo any cross claims; manifest prejudice of allowing cross claims after parties have completed discovery and exchanged expert reports, and the matter is ripe for trial.
(Evans101022c)
(Posted: October 10th 2022)
Commonwealth vs. Prokop
10.4.2022
Ryan M. Tira
Criminal:
Appeal; sentencing discretion; consideration of prior history and pattern of criminal behavior, as well as need for services available at state correctional facility
(Prokop100422t)
(Posted: October 10th 2022)
Civil:
Preliminary objections to joinder complaint; duty owed by successor counsel to predecessor counsel; circumstances under which an additional defendant may be liable with or liable for indemnity; joinder for sole liability where allegations contained in the joinder complaint relate
to different harms to be proven with different evidence as to different occurrences happening at different times; forcing plaintiffs to sue their attorney using rule 2252
(EarlyBird100722Li)
(Posted: October 9th 2022)
Civil:
Motion for partial summary judgment; contract interpretation; waiver of no oral modification clause; genuine issue of material fact for trial; assessment of trial evidence
(salvatore100422c)
(Posted: October 4th 2022)
Civil:
Motion for permission to file appeal of MDJ decision nunc pro tunc; jurisdiction of court; discretion to allow a late appeal; fraud or breakdown of court operation; required elements of proof; emergency hospitalization; acting with sufficient promptness; showing of attempt to file within the applicable time
(baines100422Li)
(Posted: October 4th 2022)
Civil:
Motion for protective order/to compel; discovery where issue of class certification is open pending decision on preliminary objections; discretion to limit scope of discovery
(lawson100322Li)
(Posted: October 4th 2022)
Administrative Appeal:
Motion for reconsideration of order granting petition to appoint township supervisor and motion for injunction; proper form of action; standing to file quo warranto action; validity of supervisor appointment where there was no public vote; remedy for vacancy board's failure to act within 15 days; procedural requirements for vacancy board to petition court to fill vacancy; remedy for violation of Sunshine Act; authority of the court to make appointment of supervisor without hearing; viability of request for injunctive relief; appealability of order
(OldLycoming092322Li)
(Posted: September 25th 2022)
Manno Estate
9.21.2022
Eric R. Linhardt
Wills and Estates:
Will interpretation; express or latent ambiguity; enforcing plain language of will
(manno092122Li)
(Posted: September 21st 2022)
Commonwealth vs. Erwin
9.8.2022
Nancy L. Butts
Criminal:
Late filed suppression motion; interests of justice; probable cause for vehicle stop; use of parking lights only in darkness
(Erwin090822bt)
(Posted: September 20th 2022)
IB Adoption
9.19.2022
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; voluntary relinquishment of rights; failure to perform parental duties for at least the six months preceding the filing of the petition; parent with inconsistent visitation and non-compliant with the permanency plan; lack of progress towards reunification with child; needs and welfare of child; bonding assessment; lack of bond with father giving way to stronger bond with resource parent
(InreIB091922t)
(Posted: September 20th 2022)
Commonwealth vs. Babb
9.14.2022
Ryan M. Tira
Criminal:
Habeas corpus petition; prima facie case of indecent assault and rape of person with mental disability; adequacy of testimony of ability to consent without expert opinion; compelling psychiatric evaluation of complainant; compelling discovery of Brady material, recorded interviews or reports, prior record information for witnesses and social media evidence; disclosure of additional materials Commonwealth may receive
(Babb091422t)
(Posted: September 15th 2022)
Criminal:
Motion to reinstate omnibus pretrial motion; exigent circumstances for failure to appear at hearing; inattention to date of scheduled hearing
(Greene090722t)
(Posted: September 13th 2022)
Criminal:
Appeal
(Strouse082322t)
(Posted: September 12th 2022)
Civil:
Summary judgment motion on counterclaim; sufficiency of pleadings to make out prima facie cause of action; failure to mitigate; determinations to be made by fact-finder
(Choicefuel082222t)
(Posted: September 12th 2022)
Commonwealth vs. Lee
9.2.2022
Ryan M. Tira
Criminal:
Motion to compel discovery required under Brady rule; required production of lab/ballistic reports, interviews, cell phone videos or photos, texts, rap sheets of witnesses, victim medical records; disclosure of bad acts evidence under rule 404(b); motion to preclude evidence of defendant's bad acts; severance of persons not to possess charge from homicide offenses; production of juror record checks; motion for individual voir dire on questions of racism
(Lee090222t)
(Posted: September 12th 2022)
Civil:
Preliminary objection; motion to strike punitive damages claim; sufficiency of factual allegations to support punitive damage claim; motion to overrule objection to subpoena of insurance company file containing negotiations; expectation of privacy; discretion to omit materials prepared in anticipation of litigation; redaction of references to mental impressions, conclusions or opinions regarding value or merit of a claim or defense or respecting strategy or tactics
(Bohlander091222t)
(Posted: September 12th 2022)
Commonwealth vs. Reid
9.10.2022
Eric R. Linhardt
Criminal:
Post-sentence motions; sufficiency of evidence; admissibility of prison calls with victim in which potential guilty plea and sentencing was discussed; applicability of rule 410 prohibition to discussions in which the Commonwealth is not a party; waiver of issues not raised at trial; prejudice of mere reference to a defendant's incarceration; reconsideration of sentence; reasonableness of sentence; resentencing on probation violation; applicability of mandatory minimum sentence for corruption of minor; merger of sentences for lesser included offenses
(reid0090122Li)
(Posted: September 10th 2022)
Commonwealth vs. Robinson
8.19.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of drug and paraphernalia possession; constructive possession; evidence of power and intent to exercise dominion and control; suppression motion; standing to challenge search of someone else's house; legitimate expectation of privacy in another's home; statutory authority for parole officer to search property of parolee if reasonable suspicion to believe that contraband or other evidence of violations of supervision will be discovered
(Robinson081922bt)
(Posted: August 31st 2022)
Commonwealth vs. Stowe
6.17.2022
Nancy L. Butts
Criminal:
Nominal bail motion; incarceration for 198 days; lack of rule 600 exclusions
(Stowe061722bt)
(Posted: August 29th 2022)
Criminal:
Discovery of Brady material, prior record information; iPhone "dump", information provided to pathologist; habeas corpus petition; prima facie case of homicide; need to establish corpus delicti, that a crime has been committed; need for Commonwealth to irrefutably exclude the idea of accident or suicide in a homicide case; consideration of defendant's behavior as consciousness of guilt; admissions by defendant; suppression motion; statements made to a nun at a hospital; privilege for statements made to member of clergy; statements not made in confidence; motion to sever cases for trial
(CowlaySaunders042622bt)
(Posted: August 29th 2022)
Commonwealth vs. Friend
6.9.2022
Nancy L. Butts
Criminal:
Frye motion; concern that expert's methodology is generally accepted
(Friend060921bt)
(Posted: August 29th 2022)
Purcell vs. Durrwachter
8.25.2022
William P. Carlucci
Civil:
Contempt petition; deliberate conduct for finding of contempt; reasonable interpretation of court order; sufficiency of evidence
(purcell082522c)
(Posted: August 26th 2022)
Civil:
Preliminary objections; specificity of complaint; failure to allege whether contract is written or oral; amendment
(Fuller082222c)
(Posted: August 25th 2022)
Stopper and Nix vs. Richardson
8.10.2022
William P. Carlucci
Civil:
Contempt petition; contract interpretation; standards applicable to contempt proceeding; deliberate violation of stipulated order
(stopper081022c)
(Posted: August 25th 2022)
UCP and NRP Adoptions
8.17.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; adequacy of service; burden of proof; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond, which has lapsed
(AdoptionUandNP081722t)
(Posted: August 23rd 2022)
Miller vs. Bartley, et al.
8.19.2022
Eric R. Linhardt
Civil:
Motion seeking discovery of defendant's wealth; punitive damages claim that survived preliminary objections; separation of wealth discovery from general discovery; net worth as appropriate measure of wealth; discovery of jointly owned assets
(miller081822Li)
(Posted: August 22nd 2022)
Civil:
Preliminary objections; pleading proof of assignment of a debt; failure to attach credit card agreement; specificity of pleading of a contract; specificity of allegations of transactions on credit card account
(Portfolio080822t)
(Posted: August 22nd 2022)
Civil:
Preliminary objections; pleading proof of assignment of a debt; failure to attach credit card agreement; specificity of pleading of a contract; specificity of allegations of transactions on credit card account
(Portfolio081822t2)
(Posted: August 22nd 2022)
Administrative Appeal:
Appeal
(Armstrong080322t)
(Posted: August 22nd 2022)
Criminal:
Motion in limine for permission to introduce video and audio recording; exception to the Wiretap Act for threat of or commission of crime
(Millington080822bt)
(Posted: August 22nd 2022)
Administrative Appeal:
Motion to dismiss appeal for lack of standing and objection to In Forma Pauperis status; sufficiency of notice of conditional use permit hearing; conspicuous posting requirement; notice posted on road adjacent to property or at entrance to property is posted on affected tract of land, satisfying statutory criteria for notice; standing of person not attending a hearing to take appeal; standards applicable to claim of inability to pay; balancing income, obligations, assets, family, and other relevant factors to determine ability to pay
(Griggs081522LI)
(Posted: August 16th 2022)
Administrative Appeal:
Motion for protective order to redact information from court opinion; public access to information in case records; determination of confidential information and documents; appropriateness of public release of opinion to further establishment of precedent; redaction of confidential information regarding type of credit card used by business and types of vehicles owned
(Griggs081522LI)
(Posted: August 16th 2022)
Civil:
Preliminary objections; specificity of allegations which form the basis of request to pierce the corporate veil; general rule upholding corporate entity; applicability to limited liability company
(swink081122Li)
(Posted: August 11th 2022)
Civil:
Preliminary objections; credit card debt collection action; failure to attach defendant's contractual agreement to pay a specific interest rate
(FNBOholt080922t)
(Posted: August 11th 2022)
Criminal:
Bail modification motion; rule 600; seriousness of charges involving attempted murder of person protected by PFA order and violence against police officers; need to assure safety of victim and community
(Miller080222t)
(Posted: August 3rd 2022)
AB Adoption
7.20.2022
Ryan M. Tira
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance of father at hearing; existence of bond with father
(InreAB072022t)
(Posted: August 2nd 2022)
Civil:
Non-jury trial; Uniform Commercial Code issues; reasonableness of notice of breach, where notice came by filing a complaint a year later; duty to offer a cure after complaint was filed
(provision071922a)
(Posted: August 2nd 2022)
Commonwealth vs. Miller
7.26.2022
Nancy L. Butts
Criminal:
Post conviction relief act petition; attorney withdrawal petition; timeliness; jurisdiction of court; eligibility for boot camp
(Miller072622bt)
(Posted: August 2nd 2022)
Gabel vs. Johnson
7.20.2022
Nancy L. Butts
Family:
Appeal; timeliness; adequacy of the concise statement of matters complained of on appeal consisting of a litany of allegations of errors committed by multiple judges and accusations of judicial bias dating back to 2017; ability of court to meaningly address allegations
(Gabel072022bt)
(Posted: July 23rd 2022)
Commonwealth vs. Nellis
7.19.2022
Ryan M. Tira
Criminal:
Motion to compel bill of particulars with respect to sex crimes against a child victim; sufficiency of complaint range of 5 months within which crimes allegedly occurred to satisfy due process
(Nellis071922t)
(Posted: July 23rd 2022)
Stackhouse vs. Gough
7.22.2022
Eric R. Linhardt
Civil:
Preliminary objections; pleading in the alternative when two causes of action rely on inconsistent factual averments; issue of style rather than substance; recovery of attorney's fees; specificity of claim for additional damages; suspicion and belief as facts sufficient to support claims; punitive damage claim for allegations of fraud and misrepresentation
(stackhouse072222Li)
(Posted: July 23rd 2022)
Commonwealth vs. Duvall
7.13.2022
Nancy L. Butts
Criminal:
Habeas corpus petition; sufficiency of evidence of driving under influence of controlled substance; probable cause for vehicle stop based on smell of burnt marijuana; totality of circumstances alleged in search warrant to support search of vehicle
(Duvall071322bt)
(Posted: July 22nd 2022)
Commonwealth vs. Hamilton
6.24.2022
Nancy L. Butts
Criminal:
Suppression motion; standing to challenge warrantless entry into home to make arrest; reasonable expectation of privacy in another's home; probable cause for warrantless arrest; knowing and intelligent waiver of Miranda rights made by someone under the influence of narcotics.
(Hamilton062422bt)
(Posted: July 19th 2022)
Commonwealth vs. Bryant
7.1.2022
Nancy L. Butts
Criminal:
Suppression motion; search incident to a routine visit of parolee's home by adult probation officer; reasonable suspicion to believe probationer possesses contraband or other evidence of violations of conditions of supervision; claimed overreaching conduct; detention of defendant, who was not a parolee, during search based on reasonable suspicion
(Bryant070122bt)
(Posted: July 12th 2022)
Commonwealth vs. Hill
6.3.2022
Ryan M. Tira
Criminal:
Appeal
(Hill060322t (002))
(Posted: July 10th 2022)
Custody:
Appeal of termination of agency services and juvenile placement with father; definition of dependent child; non-custodial parent available and willing to provide care to child; decision removing parties from the jurisdiction of the Juvenile Act and placing them within the jurisdiction of family court, for custody proceedings
(HJ060822t (002))
(Posted: July 10th 2022)
Civil:
Preliminary objections; viability of claim for tortious theft of services; sufficiency of allegations of fraud; specificity of fraud claims
(EagleConstr062422t)
(Posted: July 10th 2022)
Civil:
Complaint for injunctive relief and declaratory judgment; statutory construction; responsibilities of the county controller; authority of row officers to supervise employees, including appointment and removal
(rogers070122Leete)
(Posted: July 7th 2022)
IH and TH Adoptions
6.27.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing, at most, a passive interest in the children; teen children's decision to cut off contact with parent; no existing bond
(AdoptionIHandTH062722t)
(Posted: July 1st 2022)
MBS Adoption
6.27.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent having never had contact with child or financially supported child; no existing bond
(AdoptionMBS062722t)
(Posted: July 1st 2022)
FQM Adoption
6.27.2022
Ryan M. Tira
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; failure to perform parental duties due to court restrictions and delays not caused by parent; parental incapacity that cannot be remedied including acts of refusal as well as incapacity to perform parental duties; sufficiency of conviction of crime involving injuries to child alone to warrant termination of parental rights
(AdoptionFQM062722t)
(Posted: July 1st 2022)
Civil:
Preliminary objections; class action suit related to COVID-19 shut-down and remote learning; standing of parent to bring claims against adult children's college where complaint alleges that parent paid money directly to college for services that were not received; failure to attach writing where breach of contract is alleged; general allegations of contract terms implied through websites, handbooks, marketing materials or other publications; viability of claim for breach of contract based on an amalgamation of documents, materials, and other writings; specificity of allegations as to terms of contract; viable claim for breach of contract and unjust enrichment, as opposed to an educational malpractice claim; availability of contractual claim where students paid for in-person instruction, but were given a different product; separation of contract and quasi-contract claims into different counts; unjust enrichment as alternative to contract claim; pleading additional sum for attorneys' fees in class action case
(lawson062922Li)
(Posted: July 1st 2022)
Earley vs. Gould-Earley
6.29.2022
Eric R. Linhardt
Divorce:
Exceptions to master's report; determination of date of separation; de novo review; master's determination of credibility; cessation of cohabitation; communication of intent to live separately
(earley062922Li)
(Posted: June 29th 2022)
Civil:
Motion to exclude expert testimony; expert opinion expressed to reasonable degree of certainty; motions for summary judgment; fiduciary duty and duty of loyalty; need for expert testimony on breach of fiduciary duty with respect to valuation of company; reasonableness of use of book value to value company stock; new legal theory raised after expiration of statute of limitations; enlargement of a previously-pied theory; viability of discovery rule; viability of civil conspiracy claim when plaintiffs have failed to establish damages; failure of proof that assets were diverted
(williams062922Li)
(Posted: June 29th 2022)
Civil:
Petition to compel production of corporate records; determination of location of corporate electronic records stored "in the cloud," without an established physical location in Pennsylvania, for purposes of compliance with statute allowing shareholder to inspect corporate records located within Pennsylvania; jurisdiction of court to compel production of records of foreign corporation
(Edenfiled062722Li)
(Posted: June 27th 2022)