Commonwealth vs. Monroe
8.27.2004
Kenneth D. Brown
Criminal:
Petition for habeas corpus; drug case; accomplice; mere presence
(Monroe082704br)
(Posted: August 30th 2004)
Civil:
Preliminary objections; statute of limitations; affirmative defense; sufficiency of class action allegations; standing
(Semo062904br)
(Posted: August 27th 2004)
Commonwealth vs. Uzosike
6.30.2004
Kenneth D. Brown
Criminal:
Omnibus pretrial motion; drug case; writ of habeas corpus; prima facie evidence; probable cause for search warrant; suppression; discovery
(Uzosike063004br)
(Posted: August 27th 2004)
Civil:
Preliminary objections; declaration of taking of school district property; public character of land; no longer used as school; required advertisement of declaration of taking; scope of resolution
(Duboistown063004br)
(Posted: August 27th 2004)
Commonwealth vs. Harris
7.12.2004
Kenneth D. Brown
Criminal:
Motion to suppress evidence; blurted out statements; waiver of Miranda rights; confusion involving implied consent warning
(Harris071204br)
(Posted: August 27th 2004)
Commonwealth vs. Johnson
7.14.2004
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; sufficient evidence of intent to kill
(Johnson071404br)
(Posted: August 27th 2004)
Commonwealth vs. Dixon
7.14.2004
Kenneth D. Brown
Criminal:
Motions to suppress evidence & for habeas corpus; custodial interrogation
(Dixon071404br)
(Posted: August 27th 2004)
Commonwealth vs. Woodring
7.15.2004
Kenneth D. Brown
Criminal:
Motion to suppress; reasonable inference that individual was armed & dangerous; forced abandonment
(Woodring071504br)
(Posted: August 27th 2004)
Commonwealth vs. Johnson
7.16.2004
Kenneth D. Brown
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence of possession of drugs with intention to deliver
(Johnson071604br)
(Posted: August 27th 2004)
Commonwealth vs. Faision
7.27.2004
Kenneth D. Brown
Criminal:
Motion to dismiss; rule 600; due diligence of the Commonwealth
(Faison072704br)
(Posted: August 27th 2004)
Vincenti vs. Schultz
8.5.2004
William S. Kieser
Civil:
Motion for reconsideration; strike/open judgment entered as discovery sanction
(Vincenti080504k)
(Posted: August 27th 2004)
Civil:
Preliminary objections; medical malpractice; interpretation of Malpractice Act; informed consent for anesthesia; separate counts; specificity; objections to new matter; conclusions not supported by facts; pleading statutory defenses; Guaranty Assn.
(Adams080504k)
(Posted: August 27th 2004)
Hubbard vs. Young
8.5.2004
William S. Kieser
Civil:
Motion for summary judgment; auto accident; limited tort; serious injury; need for expert testimony; sufficiency of subjective evidence
(Hubbard080504k)
(Posted: August 27th 2004)
Criminal:
Motion to suppress; traffic stop; mere flight establishing probable cause; reasonable suspicion; violation of Pa. Constitution
(almestica080904bt)
(Posted: August 27th 2004)
Commonwealth vs. Graham
8.6.2004
Nancy L. Butts
Criminal:
Motion to suppress; drug case; search and seizure; plain feel doctrine; reasonable suspicion of criminal activity
(graham081004bt)
(Posted: August 27th 2004)
Civil:
Appeal; pro se complaint; preliminary objections; multiple attempts to amend; pleading legal jargon; failure to file certificate of merit in professional negligence case
(Favors080904br)
(Posted: August 27th 2004)
Commonwealth vs. Wells
8.11.2004
Kenneth D. Brown
Criminal:
Appeal; Post Conviction Relief Act petition; conflict counsel; petition to appeal nunc pro tunc
(Wells081104br)
(Posted: August 27th 2004)
AAH vs. MDH
8.10.2004
William S. Kieser
Support, Divorce:
Exceptions to child support; support obligation where child is at free boarding school; earning capacity; alimony pendente lite; short term marriage
(Harry081004k)
(Posted: August 27th 2004)
JW vs. RW
8.11.2004
Richard A. Gray
Custody, Support, Divorce:
Annulment request; fraud; pregnancy; untrue statement about paternity; paternity by estoppel
(Wisser081204g)
(Posted: August 27th 2004)
Civil:
Motion for summary judgment; failure to remove reference to debt in credit record; Fair Credit Reporting Act preemption; statute of limitations; punitive damages; non pros
(Anderson081704k)
(Posted: August 27th 2004)
Miller vs. Welliver
8.12.2004
William S. Kieser
Support:
Child support complaint; custody of severely retarded child; deviation because of assets of child; medical insurance
(Miller081204K)
(Posted: August 27th 2004)
Ewing vs. Ewing
8.12.2004
William S. Kieser
Support:
Remand from appeal court; mitigation of lost income after voluntary job termination; use of actual income to calculate support
(Ewing081304k)
(Posted: August 27th 2004)
Fiester vs. Fiester
8.16.2004
William S. Kieser
Support, Divorce:
Child support; alimony pendente lite; reasonable voluntary reduction in income; calculations
(Fiester081604k)
(Posted: August 27th 2004)
Beatty Estate
8.12.2004
Nancy L. Butts
Wills and Estates:
Petition to revoke letters of administration; priority in intestate estate; interests of estate jeopardized by failing to remove administrator; selection of representative for litigation purposes
(beatty081304bt)
(Posted: August 27th 2004)
Mecum vs. Bartholomew
8.25.2004
Dudley N. Anderson
Civil:
Preliminary objections; dog bite; failure to allege violation of dog law or notice of viciousness; amendment
(mecum082504a)
(Posted: August 27th 2004)
Commonwealth vs. Faison
8.26.2004
Kenneth D. Brown
Criminal:
Motion for reconsideration; rule 600 dismissal; duty to track cases; due diligence
(Faison082604br)
(Posted: August 27th 2004)
Commonwealth vs. Bradley
8.3.2004
Dudley N. Anderson
Criminal:
Appeal; waiver
(bradley080304a)
(Posted: August 18th 2004)
Civil:
Motions for summary judgment; validity of licensing agreement; essential term; specificity of agreement; partial performance; misrepresentation
(regscan080604a)
(Posted: August 18th 2004)
LGM vs. DCM
8.6.2004
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity; earning calculation; employment expense; second home
(moore080604a)
(Posted: August 18th 2004)
Commonwealth vs. Heffner
8.11.2004
Dudley N. Anderson
Criminal:
Appeal; denial of transfer to juvenile court; subject matter jurisdiction; bill of particulars; prosecutorial misconduct;; specificity of criminal information
(heffner081104a)
(Posted: August 18th 2004)
Commonwealth vs. Blackwell
7.22.2004
William S. Kieser
Criminal:
Petition for writ of habeas corpus; jurisdiction to modify order; timeliness
(blackwell072204k)
(Posted: August 9th 2004)
Civil:
Motion in limine; expert testimony; amplification of existing cause of action
(Adams072804k)
(Posted: August 9th 2004)
CLW vs. KAW
7.2.2004
Richard A. Gray
Support:
Appeal; issues for remand to master; full and fair opportunity to litigate; interlocutory order
(Wicks070104g)
(Posted: August 3rd 2004)
Commonwealth vs. Boyles
7.8.2004
Nancy L. Butts
Criminal:
Omnibus pre-trial motion; suppression; Miranda rights; double jeopardy; contempt in protection from abuse case
(boyles071204bt)
(Posted: July 30th 2004)
Civil:
Motion for leave to amend complaint; medical malpractice case; vicarious liability claim against hospital; new cause of action; statute of limitations
(Blair072204k)
(Posted: July 28th 2004)
Burfield vs. Stuck
6.23.2004
William S. Kieser
Civil:
Motion for summary judgment; wrongful death case; condition of property; landlord out of possession; nuisance per se for code violation; reserved control; duty to make repairs; fact issues
(Burfield072304k)
(Posted: July 28th 2004)
DK vs. SK
7.16.2004
Richard A. Gray
Custody:
Petition for emergency relief; custody issue; parent's desired relocation to Texas; desires of the children; improved quality of life for children and parent; contingent grant of primary custody
(Kurtz071604g)
(Posted: July 28th 2004)
LM vs. MK; RY vs. KY
7.16.2004
Richard A. Gray
Support, Divorce:
Calculation of support and alimony pendente lite; earning capacity vs. actual earnings; no recent job termination; discretion of court; consideration of all relevant factors
(Mink071604g)
(Posted: July 28th 2004)
Commonwealth vs. Burden
7.20.2004
Nancy L. Butts
Criminal:
Motion to suppress; search and seizure; reasonable suspicion of criminal activity; forced abandonment
(burden072104bt)
(Posted: July 28th 2004)
Civil:
Motions for summary judgment; breach of contract and estoppel case; contractor's reliance on subcontractor's bid; reasonableness of reliance; material changes to the specifications; fact issues for jury
(lobar072004a)
(Posted: July 28th 2004)
Best vs. Bird
7.9.2004
Dudley N. Anderson
Civil:
Motion for summary judgment; contract case; issue of gift versus loan
(best070904a)
(Posted: July 28th 2004)
HCR Manor Care vs. Kellogg
7.16.2004
Dudley N. Anderson
Civil:
Motion for summary judgment; breach of admission agreement signed as representative of another; third party guarantee as a condition of admission; Nursing Home Reform Act
(hcrmanorcare071604a)
(Posted: July 28th 2004)
Commonwealth vs. Pasters
7.13.2004
Dudley N. Anderson
Criminal:
Motion for reconsideration; petition for writ of habeas corpus for credit for time served; notice
(pasters071304a)
(Posted: July 28th 2004)
Winton vs. Neely
7.13.2004
Richard A. Gray
Custody:
Petition to return children to public school; custody issue; home schooling vs. public education; quality of home schooling program
(winton071304g)
(Posted: July 28th 2004)
Wicks vs. Wicks
7.28.2004
William S. Kieser
Civil:
Appeal; dissolution of a partnership; exceptions to master's report; request for remand for additional evidence
(Wicks072804k)
(Posted: July 28th 2004)
Civil:
Non jury trial verdict; insurance dispute; bad faith claim; reasonableness of company's response to loss claim
(everettcash070604a)
(Posted: July 13th 2004)
Civil:
Motion for summary judgment; damages for failure to secure insurance coverage; actual loss; foreseeability of loss of income
(Elder062804k)
(Posted: July 6th 2004)
LB vs. KDB
6.30.2004
Richard A. Gray
Support:
Exceptions spouse support; calculation
(Bowers063004g)
(Posted: July 6th 2004)
KB vs. SB & RB, II
6.30.2004
Richard A. Gray
Support:
Petition to establish paternity; intact marriage; presumption of paternity; paternity by estoppel
(Bowersox063004g)
(Posted: July 6th 2004)
Commonwealth vs. Flippen
5.27.2004
Kenneth D. Brown
Criminal:
Motion to suppress; robbery; validity of vehicle stop; reasonable suspicion
(flippen052704br)
(Posted: June 30th 2004)
Commonwealth vs. Ford
5.28.2004
Kenneth D. Brown
Criminal:
Post conviction relief act petition; timeliness; newly discovered evidence; failure to specify; waiver; prejudice; prior litigation; compliance with witness certification requirement
(Ford052804br)
(Posted: June 30th 2004)
Commonwealth vs. Harvey
6.10.2004
Kenneth D. Brown
Criminal:
Petition for post conviction collateral relief; timeliness; previously litigated issues; meritless issues
(Harvey061004br)
(Posted: June 30th 2004)
Civil:
Preliminary objection; joinder of equity and law actions; punitive damages; attorney fees; specific pleading
(Berninger062504br)
(Posted: June 30th 2004)
Civil:
Equity adjudication; easement; infringement on right-of-way; gate obstruction; injunction and damages
(Pine060404k)
(Posted: June 28th 2004)
Commonwealth vs. Baines
6.1.2004
Nancy L. Butts
Criminal:
Appeal; theft; sufficiency of the evidence; ineffective counsel; errant offense grade in information
(baines060104bt)
(Posted: June 28th 2004)
Transport Designs vs. WNB
6.8.2004
William S. Kieser
Civil:
Preliminary objections; demurrer to negligence and contract claims; causation; duty under Commercial Code; necessary party;
(Transport060804k)
(Posted: June 28th 2004)
Civil:
Petition to strike off or open judgment; proof of service not on record; effect of actual service
(NCO060704k)
(Posted: June 28th 2004)
Civil:
Preliminary objections; specificity of allegations of negligence; recovery for loss of companionship, society, comfort, guidance, solace and protection by parent for loss of child; negligent infliction of emotional distress; punitive damages
(Blair061004k)
(Posted: June 28th 2004)
Commonwealth vs. Coffey
6.15.2004
William S. Kieser
Criminal:
Amended Post Conviction Relief Act Petition; timeliness; jurisdiction
(Coffey061504k)
(Posted: June 28th 2004)
MH vs. SBH
6.21.2004
Richard A. Gray
Support:
Exceptions to child and spouse support; mortgage contribution; cap on medical expense contribution; contact lenses as necessary medical expense; debt forgiveness as income; allocation between spouse and child; unfair support obligation under guidelines
(Heckman062104g)
(Posted: June 28th 2004)
Administrative Appeal:
Appeal; zoning issue; non-conforming use; nunc pro tunc appeal; waiver; enforcement action; imposition of fines
(Piatt061804k)
(Posted: June 28th 2004)
Hill vs. Derrick
6.25.2004
William S. Kieser
Civil:
Appeal; dismissal of frivolous complaint; RICO; standing; personal finances as property
(Hill062504k)
(Posted: June 28th 2004)
Commonwealth vs. Sampson
6.25.2004
Nancy L. Butts
Criminal:
Appeal; evidence of prosecuting officer bias; irrelevant evidence
(sampson062804bt)
(Posted: June 28th 2004)
Criminal:
Post conviction relief act petition; parole issue
(kerstetter062804bt)
(Posted: June 28th 2004)
Commonwealth vs. Brown
6.25.2004
Nancy L. Butts
Criminal:
Motion for Post Conviction Collateral Relief; timeliness; availability of evidence at time of trial
(brown062804bt)
(Posted: June 28th 2004)
Civil:
Motion for judgment on the pleadings; admissions in answer; lease; parol evidence
(Petcavage062104g)
(Posted: June 28th 2004)
Civil:
Motion to vacate stay; dissolution of Texas anti-suit injunction; finality of Texas appeals court decision
(AVCO062504k)
(Posted: June 28th 2004)
Civil:
Motion in limine; allegations of nursing negligence; fair notice; amending complaint; statute of limitations
(wickham061604a)
(Posted: June 22nd 2004)
Commonwealth vs. Nixon
4.12.2004
Nancy L. Butts
Criminal:
Post sentence motion; ineffective counsel; rule 600 motion; timeliness of service of arrest warrant; due diligence of police
(nixon041204bt)
(Posted: June 21st 2004)
Commonwealth vs. Johnson
4.14.2004
Nancy L. Butts
Criminal:
Motion to dismiss for rule 600 violation; time excluded for unavailability of defendant and continuances
(Johnson041404bt)
(Posted: June 21st 2004)
In re: AMU
4.12.2004
Nancy L. Butts
Adoption:
Termination of parental rights; failure or refusal to perform parental duties; intention of parent to take greater interest in child's life in the future is not sufficient
(AMU041204bt)
(Posted: June 21st 2004)
Commonwealth vs. Gray
4.29.2004
Nancy L. Butts
Criminal:
Appeal; murder case; weight and sufficiency of the evidence; recusal; suppression of statements
(gray042904bt)
(Posted: June 21st 2004)
Commonwealth vs. Yaw
6.15.2004
Nancy L. Butts
Criminal:
Motion to suppress; robbery; validity of vehicle stop; reasonable suspicion
(YAW061504bt)
(Posted: June 21st 2004)
PB vs. JWP
6.10.2004
Richard A. Gray
Support:
Exceptions to modification of spouse support; change of employment; retroactivity; existence of arrearage
(Barlow061004g)
(Posted: June 14th 2004)
AM vs. DM; DM vs. AM
6.11.2004
Richard A. Gray
Support:
Exceptions to child support; determination of earning capacity; proof of disability; suspiciously low flea market income
(Moyer061104g)
(Posted: June 14th 2004)
Civil:
Preliminary objections; promise to pay for remediation of petroleum contamination; retroactive application of tank spill act; reasonable reliance on oral assurances; specificity; declaratory judgment; allegations against subsidiary corporations
(glimcher061004a)
(Posted: June 14th 2004)
DMW vs. RAK
4.19.2004
Richard A. Gray
Support:
Petition to terminate child support; estoppel of non-biological father to deny paternity
(wiliver041904g)
(Posted: June 10th 2004)
Commonwealth vs. Bess
6.2.2004
Dudley N. Anderson
Criminal:
Appeal; waiver for failure to file rule 1925 statement
(bess060704a)
(Posted: June 9th 2004)
MH vs. PH
6.3.2004
Richard A. Gray
Support:
Exceptions to child support; health insurance cost; potential seasonal reduction of income; modification
(Hales060304g)
(Posted: June 8th 2004)
RD vs. PED; GF vs. PD
6.2.2004
Richard A. Gray
Support:
Exceptions to child support; adjusting income for tax refunds; deviation for total amount of support paid
(Dowling060204g)
(Posted: June 7th 2004)
Myers vs. Campbell & Wommer
5.4.2004
William S. Kieser
Civil:
Petition to compel settlement; meeting of minds; rejection of offer by counter offer
(Myers050404k)
(Posted: June 2nd 2004)
Civil:
Preliminary objections; negligent infliction of emotional distress & punitive damage claims
(BlairSimms051104k)
(Posted: June 2nd 2004)
Wagner vs. Ryan & Rothermel
5.11.2004
William S. Kieser
Civil:
Preliminary objections; timeliness of amended complaint; third party beneficiary contract of attorney to non-client; attorney fee claim
(Wagner051104k)
(Posted: June 2nd 2004)
Civil:
Preliminary objections to amended complaint; specificity; identification of agents in context of complaint; inclusion of "others"; corporate negligence claim; selection of competent staff
(BlairSusq051304k)
(Posted: June 2nd 2004)
Commonwealth vs. Blackwell
5.20.2004
William S. Kieser
Criminal:
Petition for writ of habeas corpus; jurisdiction to modify order; effectiveness of counsel impacting time requirements of PCRA petition
(Blackwell052004k)
(Posted: June 2nd 2004)
Criminal:
Motion to compel additional discovery; objection to subpoena of police records; placental abruption; discovery concerning assaults of mother by father during pregnancy
(Morrison052604k)
(Posted: June 2nd 2004)
Civil:
Appeal from arbitration; interpretation of collective bargaining agreement; calculation of wages; attritional savings; essence test
(Jersey052604k)
(Posted: June 2nd 2004)
Hannan & Bower vs. Bower
5.28.2004
Dudley N. Anderson
Criminal:
Motion to disqualify counsel; conflict of interest; former clients
(hannan052804a)
(Posted: June 2nd 2004)
Commonwealth vs. Martin
5.6.2004
Kenneth D. Brown
Criminal:
Motion to remand for preliminary hearing; timeliness; prejudice to defense
(martin050604br)
(Posted: May 28th 2004)
Support:
Amendment to child support calculation rules; previous order vacated and withdrawn
(hilferty042804a)
(Posted: May 28th 2004)
Administrative Appeal:
Petition to set aside tax sale; service; failure to attempt service at new address; actual notice; statute of limitations
(banks051804br)
(Posted: May 28th 2004)
Commonwealth vs. Illes
5.21.2004
Kenneth D. Brown
Criminal:
Special appointment of public defender for appeal
(illes052104br)
(Posted: May 28th 2004)
Fogal vs. Read vs. Barberio
5.25.2004
Kenneth D. Brown
Civil:
Preliminary objections; authority of one spouse to act for the other; lease agreement
(fogel052504br)
(Posted: May 28th 2004)
JLH vs. ALH
5.27.2004
Dudley N. Anderson
Support:
Exceptions to child support; earning capacity; ability to work; medical insurance; tax refund; child care expenses; tax exemptions
(hart052704a)
(Posted: May 28th 2004)
Support:
Exceptions to child support to children in placement; income; multiple family formula; tax obligation
(scampone071403a)
(Posted: May 27th 2004)
Criminal:
Motion to suppress evidence; drug case; search and seizure; investigative detention; reasonable suspicion of a crime
(williams020504bt)
(Posted: May 19th 2004)
Commonwealth vs. Colvin
4.7.2004
Nancy L. Butts
Criminal:
Motion to suppress evidence and habeas corpus motion to dismiss; waiver preliminary hearing; focus of investigation; custodial interrogation
(colvin040704bt)
(Posted: May 19th 2004)
Commonwealth vs. Snee
5.7.2004
Nancy L. Butts
Criminal:
Omnibus pretrial motion; prima facie evidence of conspiracy; evidence of group action to assault victim
(snee050704bt)
(Posted: May 19th 2004)
Criminal:
Post conviction hearing act petition; motion of counsel to be permitted to withdraw; timeliness of petition
(frankhouser050704bt)
(Posted: May 19th 2004)
Civil:
Motion to preclude expert testimony; public adjuster; pecuniary interest; public policy
(everettcash051404a)
(Posted: May 18th 2004)