MA vs. BA
11.11.2013
Richard A. Gray
Custody:
Petition for special relief relating to child's school program; home schooling verses public schooling of high school student; ability to offer religious study; child's preference to remain in public school; public schooling meeting educational needs
(MA11113g)
(Posted: November 11th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; constitutionality of mandatory minimum statutes; prejudice for an amendment that increases a sentence; timing of constitutionality argument
(EilandGoff110713bt)
(Posted: November 7th 2013)
Commonwealth vs. Beamer
10.30.2013
Nancy L. Butts
Criminal:
Suppression motion; investigation of accident that led to defendant, at his house; observation of and questioning of defendant outside his house
(Beamer103013bt)
(Posted: October 30th 2013)
Commonwealth vs. Feathers
10.30.2013
Nancy L. Butts
Criminal:
Suppression motion; search of a person; mere encounter or investigative detention; defendant forced to ground at gunpoint; officer remaining in house mistakenly entered; reasonable suspicion existing after investigatory detention
(Feathers103013bt)
(Posted: October 30th 2013)
Commonwealth vs. Butler
10.28.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; probable cause to stop vehicle for traffic light violation; reasonable belief of traffic violation despite subsequent contradiction by video surveillance camera; need for Commonwealth present expert testimony about the amount of controlled substances in Defendant's blood stream and nexus to poor driving at the preliminary hearing
(Butler102813L)
(Posted: October 28th 2013)
Commonwealth vs. Wright
10.28.2013
Marc F. Lovecchio
Criminal:
Motion to suppress; motor vehicle stop; reasonable suspicion to stop Defendant's vehicle to investigate DUI
(Wright102813L)
(Posted: October 28th 2013)
Civil:
Preliminary objections; leave of court to amend complaint; prejudice; adequacy of verification of complaint signed by only one of several plaintiffs; specificity of averments as to which plaintiff is making a claim against which defendant; demurrer to nuisance claim where there is no averment that the nuisance is occurring on a neighboring property; private cause of action under Solid Waste Management Act; use of facts that support a nuisance claim to also support negligence claim; failure to attach cover sheet to motion under local rules; specificity objections to use of phrase "but not limited to"
(Branton102513g)
(Posted: October 25th 2013)
Commonwealth vs. Baney
10.21.2013
Nancy L. Butts
Civil:
Petition for expungement; guilty plea to misdemeanor in exchange for the withdrawal of more serious charge
(Baney102113bt)
(Posted: October 21st 2013)
Commonwealth vs. Fisher
10.21.2013
Nancy L. Butts
Criminal:
Post conviction relief act petition; coerced guilty plea; claim of insanity; knowing, intelligent voluntary, and_x000d_
understanding guilty plea; ineffective assistance of counsel; waiver of defenses
(Fisher102113bt)
(Posted: October 21st 2013)
Commonwealth vs. English
10.21.2013
Marc F. Lovecchio
Criminal:
Motion to compel discovery; Commonwealth's open file policy; necessity of a written response to demand for information; access to 911 tapes which is easier for the district attorney to obtain; motion to amend information to add school zone or playground proximity averment; fact that increases mandatory minimum sentence; prejudice because issue not raised in preliminary hearing; sufficiency of evidence at the preliminary hearing
(english102113L)
(Posted: October 21st 2013)
Commonwealth vs. Hamilton
10.18.2013
Marc F. Lovecchio
Criminal:
Pro se motion for change of appointed counsel; concern that counsel could not think of a defense to the case; substantial reasons or irreconcilable differences; blunt responses
(hamilton101813L)
(Posted: October 18th 2013)
Commonwealth vs. Showers
10.18.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of the evidence of sexual offenses against children; evidence of penetration
(Showers101813L)
(Posted: October 18th 2013)
In re: MRD and TD
10.17.2013
Joy Reynolds McCoy
Adoption:
Appeal of petition for involuntary termination of parental rights
(AdoptionofMTD101713)
(Posted: October 17th 2013)
In re: Adoption of LC
10.17.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; dependent newborn; refusal of parents to cooperate with the agency; prescription drug addiction; failure to keep visitation appointments; lack of interest in establishing or maintaining a permanent relationship; settled purpose to relinquish parental claim; failure to perform parental duties for at least six months; lack of attachment between child and parent
(AdoptionofLC101713)
(Posted: October 17th 2013)
Commonwealth vs. Steele
10.16.2013
Dudley N. Anderson
Criminal:
Motion for in-camera hearing; sexual offenses; prior and subsequent sexual activity of victim; evidence precluded by Rape Shield Law; evidence of bias against the defendant or motive to fabricate; speculative defenses
(steele101613a)
(Posted: October 16th 2013)
Administrative Appeal:
Land use appeal; additional evidence presented requiring court to find facts; driveways to motel property; lack of definition of "frontage" in zoning ordinance; resolving issue in favor of property owner where there are two possible interpretations of ordinance language
(musser101613a)
(Posted: October 16th 2013)
Commonwealth vs. Motter
10.16.2013
Marc F. Lovecchio
Criminal:
Defendant's motion to relieve public defender and appoint a new defense attorney; entitlement to counsel of own choosing; substantial reasons or irreconcilable differences to justify a change in counsel; lack of communication due to change of place of defendant's incarceration; refusal to file a suppression motion that lacks merit
(Motter101613L)
(Posted: October 16th 2013)
In re BW
10.16.2013
Richard A. Gray
Adoption:
Appeal; appropriate family unit
(bw101613g)
(Posted: October 16th 2013)
Criminal:
Motion to consolidate; participation in the same series of acts constituting the offenses charged; prejudice; antagonistic defenses; mere finger pointing
(EilandCollins101613bt)
(Posted: October 16th 2013)
Commonwealth vs. McGraw
10.16.2013
Nancy L. Butts
Criminal:
Petition for post-conviction collateral relief; timeliness
(McGraw101613bt)
(Posted: October 16th 2013)
Commonwealth vs. Dincher
10.15.2013
Nancy L. Butts
Criminal:
Motion to compel ARD; DUI case; discretion of the district attorney; claimed abuse of discretion based on prohibited reasons
(Dincher101513bt)
(Posted: October 15th 2013)
Criminal:
Request for bill of particulars; Commonwealth's use of general reasons in answering bill of particulars; procedural issues; purpose of bill of particulars; substitute for discovery; information on trial strategy; leave to re-file
(Hellenthal101513bt)
(Posted: October 15th 2013)
Commonwealth vs. Trafford
10.14.2013
Marc F. Lovecchio
Criminal:
Commonwealth motion to amend information to indicate that firearm was close to drugs; mandatory sentencing; prejudice; facts established at preliminary hearing; constitutional right to preliminary hearing; criminal complaint alleging facts that support amendment
(Trafford101413L)
(Posted: October 14th 2013)
Adoption of TSC
10.14.2013
Richard A. Gray
Adoption:
Petition for involuntary termination of parental rights filed by grandmother; settled purpose to relinquish parental responsibilities; primary consideration of the needs and welfare of the child; existence of bond between parent and child; foreseeability of adoption; termination of mother's rights only
(TSC100813g)
(Posted: October 14th 2013)
Commonwealth vs. Villanueva
10.14.2013
Marc F. Lovecchio
Criminal:
Defendant's motion in limine; evidence of prior conviction for conspiracy to commit robbery; admissibility of prison conversation; prejudice; relevance to show identity and a connection to alleged co-conspirator; important link in chain of evidence; appropriate cautionary or limiting instruction
(Villanueva101413L)
(Posted: October 14th 2013)
Civil:
Motion for judgment on the pleadings; interpleader; competing claims to life insurance policy; attorney fees; compliance with terms of life insurance policy; capacity of decedent to change beneficiary to life insurance
(AAA101013g)
(Posted: October 10th 2013)
Heilman vs Bierly
10.8.2013
Richard A. Gray
Civil:
Plaintiff's preliminary objections; counterclaim for intentional infliction of emotional distress; specificity of allegations of extreme and outrageous conduct; legal insufficiency of counterclaim for malicious abuse of process
(Heilman100813g)
(Posted: October 8th 2013)
Commonwealth vs. Cobb
10.4.2013
Marc F. Lovecchio
Criminal:
Motion to amend information to submit drug offense school zone issue to the jury; constitutionality of the remainder of the statute; premature argument
(Cobb100413L)
(Posted: October 5th 2013)
Commonwealth vs. Gardner
9.27.2013
Nancy L. Butts
Criminal:
Suppression motion; waiver of Miranda rights; need to re-advise of rights; not significantly different statements; motion to dismiss; prima facie case of robbery; motion for severance; incriminating statement by a non-testifying co-defendant; redaction of statement
(Gardner092713bt)
(Posted: September 30th 2013)
Commonwealth vs. Eiland
9.17.2013
Richard A. Gray
Criminal:
Appeal; denial of motion of Commonwealth to apply mandatory sentence for drug sale within school zone; mandatory sentence evidence presented during sentencing hearing; school zone issue not addressed during the trial
(eiland091713g)
(Posted: September 27th 2013)
Commonwealth vs. Bratten
9.26.2013
Marc F. Lovecchio
Criminal:
Appeal; sufficiency of evidence of intent to deliver drugs; admission of prison recordings; authenticity and relevancy of prison recordings
(Bratton092613L)
(Posted: September 26th 2013)
Freeman vs. Tagliaferri
9.23.2013
Richard A. Gray
Civil:
Motion in limine; trip and fall case; plaintiff's legal status at time he fell; issues for the fact finder; change of legal status to trespasser after admission to premises as licensee; status of landlord; judicial notice; judicial notice of the applicability of the law; violations of codes as negligence per se; evidence of pre-existing injury or drug use without a defense medical expert; claimed permanent condition; relevance to life expectancy
(Freeman092313g)
(Posted: September 23rd 2013)
Rauch vs. Arcon Group, Inc.
9.23.2013
Dudley N. Anderson
Civil:
Petition to strike judgment; reliance on record without consideration of extraneous information; service of Pennsylvania corporation by mail in Connecticut; sufficiency of certified mail receipts to prove service; ability to cure defective return of service by amendment; requirement of certification of service of notice of intention to take default judgment
(rauch092313a)
(Posted: September 23rd 2013)
Civil:
Non-jury trial; attorney fee dispute; unjust enrichment; implied contract; quantum meruit; prejudgment interest; calculation of reasonable attorney's fees
(Biersdorf091913g)
(Posted: September 21st 2013)
Commonwealth vs. Moore
9.17.2013
Joy Reynolds McCoy
Criminal:
Motion for return of currency and cell phones; controlled substances forfeiture act; burden of proof; guilty plea to intent to deliver drugs; no viable explanation for possession of large sum of cash
(Moore091713m)
(Posted: September 18th 2013)
Commonwealth vs. Moore
9.17.2013
Marc F. Lovecchio
Criminal:
Motion to remand for preliminary hearing; guilty plea agreement that district attorney did not approve; agreement that addressed ability to get preliminary hearing if agreement not approved; habeas corpus petition; prima facie case of endangering child; waiver in plea agreement; accomplishment of the terms of the agreement; knowingly endangering a child by placing a PCP laced cigarette in reach of child; discovery issues
(Moore091713L)
(Posted: September 18th 2013)
Commonwealth vs. Webb
9.18.2013
Dudley N. Anderson
Criminal:
Post sentence motion; excessive sentence; considerations of the court in imposing sentence; sexually violent_x000d_
predator finding
(webb091813a)
(Posted: September 18th 2013)
Commonwealth vs. Armstrong
9.16.2013
Dudley N. Anderson
Criminal:
Appeal; DUI conviction; weight of the evidence; fact question of who was driving the vehicle; surveillance video; credibility of witnesses
(armstrong091613a)
(Posted: September 17th 2013)
Commonwealth vs. Skorinko
9.13.2013
Nancy L. Butts
Criminal:
Petition for expungement; charges dismissed pursuant to a plea agreement
(Skorinko091313bt)
(Posted: September 13th 2013)
Commonwealth vs. Martin
9.13.2013
Nancy L. Butts
Criminal:
Commonwealth motion to amend Information; amendment that increases a sentence; prejudice; adequate notice of facts that support enhanced sentence
(Martin091313bt)
(Posted: September 13th 2013)
Commonwealth vs. Kemp
9.6.2013
Marc F. Lovecchio
Criminal:
Motion in limine; statement made by plaintiff about the carrying of a gun in an unrelated incident; defendant's admission in previous incident about his temper; evidence of possession of knife to rebut claim that defendant needed to retrieve gun from vehicle to defend self; admissibility of recorded telephone calls; permitting the jury to speculate; potential for prejudice and confusion
(kemp090413L)
(Posted: September 11th 2013)
Commonwealth vs. Fulks
9.11.2013
Nancy L. Butts
Criminal:
Request for bill of particulars; reference to preliminary hearing testimony and affidavit of probable cause; adequate notice to defendant; ability to prepare a defense
(Fulks091113bt)
(Posted: September 11th 2013)
In re Adoption of MSS
8.29.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parent claim to a child; failure to perform any parental duties for half a child's life; parent waiting for more convenient time to become involved in child's life; lack of bond between child and parent
(AdoptionofMS082913m)
(Posted: September 10th 2013)
Administrative Appeal:
Zoning appeal; structure violating zoning ordinance; no structures in the front yard rule; error of law or abuse of_x000d_
discretion in finding that large structure is not a flower box that is permitted by the ordinance
(aungst091013a)
(Posted: September 10th 2013)
Commonwealth vs. Taylor
9.10.2013
Marc F. Lovecchio
Criminal:
Post conviction relief act petition; duplicate time credit request; timeliness
(Taylor091013L)
(Posted: September 10th 2013)
Juna vs. Reis
9.10.2013
Nancy L. Butts
Civil:
Pretrial ruling on applicability of Dead Man's Rule; adverse interest; competency of witness; child's adverse interest as rendering a parent's testimony incompetent; assumed partiality as impacting credibility of witness
(Juna091013bt)
(Posted: September 10th 2013)
Commonwealth vs. Popowich
9.9.2013
Marc F. Lovecchio
Criminal:
Appeal; untimely post sentence motion filed by the Commonwealth raising illegal sentence; reasonableness of nunc pro tunc reconsideration of sentence; in home detention as constituting "imprisonment" under mandatory minimum sentence statute for DUI offenses; discretion to impose a county sentence where the statutory minimum is one year of imprisonment; ability of county prison to handle defendant's medical conditions; sentence to state prison as cruel and unusual punishment due to defendant's medical conditions
(Popowich090913L)
(Posted: September 9th 2013)
Commonwealth vs. Bricker
9.4.2013
Richard A. Gray
Criminal:
Appeal; ineffective post conviction relief act counsel; alibi defense; arguable merit; prejudice; victims' testimony; including Appellant in the plea bargaining process; sequestration of a rebuttal witnesses
(bricker090413g)
(Posted: September 5th 2013)
In re BW
9.4.2013
Richard A. Gray
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim to a child; combination of state incarceration, no contact PFA Order, and child's young age presenting substantial barrier to Father's contact; bond between the child and the parent
(TERMBW090413g)
(Posted: September 5th 2013)
Criminal:
Motion to compel discovery; expert report or written summary; opportunity to question expert at preliminary hearing; waiver; discretion of court to order preparation of an expert report; meeting the requirements of due process
(byrd-bonner090513L)
(Posted: September 5th 2013)
Civil:
Motion to compel arbitration; dispute regarding performance under oil and gas lease; arbitration provision in expired lease
(paulhamus090413a)
(Posted: September 4th 2013)
HS vs. CS
8.28.2013
Joy Reynolds McCoy
Divorce:
Exceptions to alimony pendente lite; calculation of husband's pay; fluctuating and unpredictable pay; use of most recent pay stub; evaluation of evidence on whether wife changed jobs to affect alimony order; entitlement of party to mortgage contribution as offset to alimony pendente lite award
(hs082813m)
(Posted: August 30th 2013)
Adoption of PD and ED
8.30.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties on behalf of children; inconsistencies in ability to maintain an appropriate safe home; repeated and continued incapacity, neglect or refusal to act resulting in the children being without essential parental care; deplorable home conditions; question of whether bond that exists with parents is beneficial to the children
(AdoptionofPandED83013m)
(Posted: August 30th 2013)
Commonwealth vs. Fulks
8.30.2013
Nancy L. Butts
Criminal:
Petition for habeas corpus; prima facie case; criminal conspiracy; intent to deliver; Possession may be established as either actual or constructive; criminal use of communication facility; corrupt organizations; engagement in a drug distribution chain; endangering the welfare of a child by the child's presence where a loaded firearm, drugs, and drug paraphernalia used for dealing narcotics were found; hearsay testimony at a preliminary hearing; telephone recordings with evidence from an informant and with surveillance
(Fulks083013bt)
(Posted: August 30th 2013)
Commonwealth vs. Tuck
8.30.2013
Nancy L. Butts
Criminal:
Suppression motion; seizure of a vehicle and towing to police property while waiting for a search warrant to be issued; exigent circumstances; probable cause for issuance of a search warrant; confidential informant; reliability of the informant; corroborating evidence
(Tuck083013bt)
(Posted: August 30th 2013)
Commonwealth vs. Ward
8.29.2013
Marc F. Lovecchio
Criminal:
Motion to amend information to add commission of offense with deadly weapon; prejudice due to being subjected to an increased penalty; no new facts alleged
(Ward082913L)
(Posted: August 29th 2013)
Commonwealth vs. Carr
8.29.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; prejudice due facts not established at preliminary hearing by prima facie standard; constitutional right to preliminary hearing; cognate offenses to original charges
(carr092913L)
(Posted: August 29th 2013)
Commonwealth vs. Greene
8.29.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; prejudice due facts not established at preliminary hearing by prima facie standard; constitutional right to preliminary hearing; cognate offenses to original charges
(Greene082913L)
(Posted: August 29th 2013)
Criminal:
Post-conviction relief act petition; murder conviction; claim for ineffective assistance of counsel; failure to object to standard jury instruction on accomplice testimony; failure to impeach accomplice on motive for testifying; reasonable approach of counsel to choose one defense theory over another; failure to request limiting instruction after witness outburst; prejudice
(Cruz-Echevarria082913bt)
(Posted: August 29th 2013)
Commonwealth vs. Dangle
8.28.2013
Marc F. Lovecchio
Criminal:
Motion to amend information; prejudice due facts not established at preliminary hearing by prima facie standard; amendment that does not charge an additional or different offense
(dangle082813L)
(Posted: August 29th 2013)
Commonwealth vs. Miele
8.29.2013
Nancy L. Butts
Criminal:
Petition for expungement of arrest record; withdrawal of charges due to plea agreement; discretion of trial judge
(Miele082913bt)
(Posted: August 29th 2013)
Civil:
Preliminary objections; sexually hostile work environment; claim for intentional infliction of emotional distress and physical injury; Civil Rights Act; no allegation of retaliatory behavior; specificity of pleading; need for medical evidence
(wertz082713a)
(Posted: August 27th 2013)
Civil:
Preliminary objections; motion to strike complaint for failure to follow court order and timely reinstate and serve complaint
(Durrwachter082213g)
(Posted: August 22nd 2013)
Commonwealth vs. Coleman
8.22.2013
Marc F. Lovecchio
Criminal:
Motion to dismiss charges; charges barred by former prosecution; charges that could have been consolidated; same criminal episode; prosecutorial vindictiveness; prosecutorial delay; general due process/speedy trial violation claim; prejudice
(Coleman082213g)
(Posted: August 22nd 2013)
Commonwealth vs. Angelo
8.22.2013
Marc F. Lovecchio
Criminal:
Suppression motion; police stop of pedestrians; reasonable suspicion; mere encounter; odor of marijuana; defendant running from scene of criminal activity as sufficient to establish probable cause to detain and search; inevitable discovery doctrine; custodial interrogation; Miranda rights
(Angelo082213bt)
(Posted: August 22nd 2013)
Civil:
Cross motions for judgment on the pleadings and for summary judgment; mortgage foreclosure proceeding; in rem; subsequent purchaser; properly recorded mortgage; transfer of property to thwart foreclosure
(Smith082213g)
(Posted: August 22nd 2013)
Commonwealth vs. Keck
8.20.2013
Marc F. Lovecchio
Criminal:
Motion to sever; admissibility of offenses in a separate trial for the other; common scheme or a plan; separation by the jury so as to avoid confusion; prejudice; habeas corpus petition; prima facie case
(keck082013L)
(Posted: August 21st 2013)
Commonwealth vs. Lawton
8.16.2013
Nancy L. Butts
Criminal:
Suppression motion; vehicle stop; reasonable suspicion; driver in area of previous criminal complaints, who was not violating the law
(Lawton081613bt)
(Posted: August 20th 2013)
Commonwealth vs. Carr
8.16.2013
Nancy L. Butts
Criminal:
Consolidation motion; charges separated by time, location, and nature of offense; prejudice; same transaction exception; separability by the jury
(Carr081613bt)
(Posted: August 20th 2013)
CU vs. DU
8.15.2013
Joy Reynolds McCoy
Custody:
Petition for special relief; question of whether child will attend kindergarten in upcoming school year; readiness assessment; best interests of the child
(CU081513m)
(Posted: August 19th 2013)
In re: MRD and TD
8.19.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; proposed adoption by grandfather; involvement by grandfather in lives of children; de facto parent; settled purpose to relinquish parental claim to a child; determination of whether a bond exists between parent and child
(AdoptionofMDandTD081913m)
(Posted: August 19th 2013)
Civil:
Preliminary injunction; property unfit for human habitation; danger to residents and neighbors.
(Hepburn081313a)
(Posted: August 15th 2013)
In re LB and IB
8.12.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; dependent children; failure to perform parental duties; stability of living arrangements; repeated incapacity and/or refusal to act resulting in the children being without essential parental care; lack of existing, necessary and beneficial relationship
(LB081213m)
(Posted: August 15th 2013)
In re TJ and AJ
8.12.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure to perform parental duties for at least six months; lack of a bond between the child and parent
(AJ081213m)
(Posted: August 15th 2013)
In re: JW
7.19.2013
Marc F. Lovecchio
Administrative Appeal:
Appeal of mental health commitment; clear and present danger to himself or others; noncompliance with treatment; procedures of Mental Health act; severe mental disability
(JW071913L)
(Posted: August 13th 2013)
Criminal:
Motion to suppress; execution of arrest warrant; search of property where arrest effectuated; defendant's expectation of privacy in residence of another
(Adams-Coffey081213L)
(Posted: August 13th 2013)
Commonwealth vs. Kemp
8.9.2013
Nancy L. Butts
Criminal:
Commonwealth motion in limine; relevance of expert testimony about whether knife is offensive; self-defense; prior criminal convictions of non-victim; remoteness
(Kemp080913bt)
(Posted: August 13th 2013)
Commonwealth vs. Jones
8.8.2013
Nancy L. Butts
Criminal:
Post-conviction collateral relief petition; meritorious issues; timeliness; sentence guideline violation claim
(Jones080813bt)
(Posted: August 8th 2013)
Commonwealth vs. Motter
8.8.2013
Marc F. Lovecchio
Criminal:
Commonwealth motion to consolidate; multiple informations involving several burglaries of hunting cabins; evidence of each offense admissible in a separate trial for the other; common scheme or plan; ability to separate offenses to avoid possibility of confusion; possibility of prejudice; judicial economy
(motter080813L)
(Posted: August 8th 2013)
CRT vs. MRW
8.1.2013
Joy Reynolds McCoy
Custody:
Service of notice of custody hearing by publication
(CRT080113M)
(Posted: August 8th 2013)
Adoption of ECJ
8.5.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; adoption by grandmother; best interests of the child
(AdoptionofECJ080513m)
(Posted: August 8th 2013)
Commonwealth vs. Livziey
8.5.2013
Nancy L. Butts
Criminal:
Petition for expungement; dismissal of charges pursuant to plea agreement; guilty plea to summary charges
(Livziey080513bt)
(Posted: August 6th 2013)
TMT vs. ATF
7.23.2013
Dudley N. Anderson
Divorce:
Exceptions to alimony pendente lite order; credibility of testimony of inability to work due to health issues; assessment of earning capacity; deviation based on tax refund; de minimus change in obligation
(tmt072313a)
(Posted: July 29th 2013)
Commonwealth vs. Collins
7.29.2013
Marc F. Lovecchio
Criminal:
Suppression motion; reasonable suspicion to stop vehicle; totality of circumstances; jurisdiction of police officer; prior consent to enter jurisdiction; high-risk or emergency situation
(COLLINS072913L)
(Posted: July 29th 2013)
Commonwealth vs. Pepperman
7.29.2013
Marc F. Lovecchio
Criminal:
Suppression motion; vehicle stop; DUI arrest; probable cause to stop vehicle; use of headlights at dusk; probable cause to arrest where defendant failed one of the field sobriety tests and there were indications of consumption of alcohol
(Pepperman072913L)
(Posted: July 29th 2013)
Commonwealth vs. Crissman
7.22.2013
Dudley N. Anderson
Criminal:
Appeal; sufficiency of the evidence of assault offenses; shooting to area where victim was standing; double jeopardy relating to conviction of disorderly conduct after he was convicted of simple assault and recklessly endangering
(crissman072213a)
(Posted: July 23rd 2013)
Civil:
Motion for summary judgment; fall in a parking lot; question of control and maintenance responsibilities; lease language; fact issues
(fulkrod072213a)
(Posted: July 23rd 2013)
Commonwealth vs. Forshyte
7.22.2013
Marc F. Lovecchio
Criminal:
Motion for nominal bail; rule 600; excludable time; Commonwealth continuance requests; prejudice due to anticipated severance requests; defendant's wrongdoing causing the victim's unavailability
(Forshyte072213L)
(Posted: July 23rd 2013)
Giles vs. Read
7.9.2013
Richard A. Gray
Civil:
Motion for summary judgment; claimed right to use land; implied easement from prior use; intention of the parties to allow continued use; easement by necessity; land locked property; need for a site view; easement by prescription; fact issues on permissive use; estoppel; justifiable reliance; allowing site view
(Giles070913g)
(Posted: July 19th 2013)
Civil:
Preliminary objections; arbitration agreement; scope of the agreement to arbitrate; fulfillment of subcontract; public policy favoring arbitration
(LNHEPCO071813g)
(Posted: July 19th 2013)
Downs vs. Flynn
7.19.2013
Dudley N. Anderson
Civil:
Preliminary objections; reformation of the deeds; claimed mutual mistake in conveyance of land to two neighbors; standing; privity of contract; failure to join an indispensable party
(downs071913a)
(Posted: July 19th 2013)
DeRaffele vs UGI Gas
7.17.2013
Dudley N. Anderson
Civil:
Preliminary objections; subject matter jurisdiction of the court; claim of failure to maintain adequate utility service
(deraffele071713a)
(Posted: July 18th 2013)
Civil:
Petition to strike judgment; service upon part-time mechanic for defendant; only person present; person in charge
(unifirst071613a)
(Posted: July 16th 2013)
In re KMS and KS
7.12.2013
Joy Reynolds McCoy
Adoption:
Petition for involuntary termination of parental rights; failure of father to appear at hearing; failure to perform parental duties; lack of parental bond; destruction of an existing relationship
(AdoptionofKSandKS071213m)
(Posted: July 16th 2013)
Commonwealth vs. Carr
7.16.2013
Nancy L. Butts
Criminal:
Reconsideration of suppression denial; authority of court to re-open the record to consider Commonwealth evidence; jurisdiction of police officer; voluntariness of search of vehicle; habeas corpus petition; prima facie case of drug offenses
(Carr071613bt)
(Posted: July 16th 2013)
Commonwealth vs. Travers
7.15.2013
Marc F. Lovecchio
Criminal:
Post sentence motion; weight of evidence; claim of self defense; credibility issues; elements of robbery and theft; photographs of victim's injuries; unfair prejudice; excessive sentence claim; horrendous circumstances of the criminal assault
(Travers071513L)
(Posted: July 15th 2013)
Criminal:
Suppression motions; reasonable suspicion to conduct a vehicle stop; totality of circumstances; suspicious behavior; warrantless searches of vehicle occupants; inevitable discovery; custodial detention; investigatory detention while witnesses are diligently brought to the scene; probable cause to arrest; unduly suggestive show up identifications; unduly suggestive photo identifications; habeas corpus petitions; prima facie case of tampering with evidence; multiplicative counts; prima facie case of involvement in a home invasion_x000d_
(MorganWorthyGrissom071513bt)
(Posted: July 15th 2013)