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Publication Date: 2019-02-05
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0132
The orphans' court properly refused to order an accounting of agent's exercise of the power of attorney decedent had given her because decedent's daughter had no standing to request the accounting where the asset transfers daughter questioned occurred during decedent's lifetime and before the power of attorney was signed and agent was the sole beneficiary named in decedent's will. Affirmed.
Publication Date: 2019-01-29
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0086
Trial court properly sustained defendant's objections to plaintiffs' action, alleging defendant violated §406 of the loan interest and protection law by pursuing attorney fees in a mortgage foreclosure action that were not actually incurred, because plaintiffs' mortgage did not meet the statutory definition of a "residential mortgage" at the time it was executed and the later amendment of the act to raise the monetary limit in the definition could not be applied retroactively. Affirmed.
Publication Date: 2019-01-29
Practice Area: Civil Procedure | Evidence | Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0085
Trial court erred in denying mother opportunity to call witnesses to rebut presumption that mother was the perpetrator of child abuse that caused injuries that would not have occurred but for mother's acts or omissions. Order of the trial court reversed, case remanded.
Publication Date: 2019-01-01
Practice Area: Criminal Appeals
Industry: State and Local Government
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1589
Appellant challenged the restitution aspect of his sentence for criminal mischief and the court found that his challenge did not implicate the legality of the award but rather the discretionary aspects of his sentence and the court was precluded from reaching the merits of his claim because the commonwealth objected to his failure to include a separate rule 2119(f) statement. Affirmed.
Publication Date: 2018-12-25
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1550
Case law holding that retroactive application of SORNA constituted criminal punishment could not apply retroactively to an untimely PCRA petition. Order of the trial court affirmed.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2018-10-30
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1287
The trial court properly held that facts unknown to a petitioner for purposes of the newly discovered exception to the Post Conviction Relief Act statute of limitation cannot be information previously known and a matter of public record, but merely presented through a newly-discovered source. The appellate court affirmed an order denying defendant post-conviction relief.
Publication Date: 2018-10-23
Practice Area: Criminal Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1258
The trial court properly held that defendant's 2002 conviction for indecent assault was not eligible for a limited access order to pursuant to 18 Pa.C.S. §9122.1(b)(9), as the statute bars such orders for defendants who have been convicted "at any time" of a crime requiring sexual offender registration. The appellate court denied defendant's appeal.
Publication Date: 2018-10-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1268
Criminal defendant not entitled to new trial on collateral review where counsel waiver colloquy during sentencing was technically deficient according to rules of criminal procedure but was not constitutionally deficient. Order of the PCRA court affirmed.
Publication Date: 2018-10-16
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1229
The trial court considering defendant's Post Conviction Relief Act petition erred in finding that defendant waived all claims for appeal by failing to file a Rule 1925(b) statement as certain deficiencies in the PCRA court's order precluded a finding of waiver. The appellate court vacated and remanded.
Publication Date: 2018-10-09
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1185
Trial judge erred in denying a mistrial and granting a nonsuit at the close of appellant's case in chief, in action by decedent's children alleging fraud and the failure of their legacy, where decedent's wife suddenly waived her assertion of attorney-client privilege in opening statement after asserting it throughout discovery because the trial court should have either excluded the testimony or allowed appellants to depose wife and attorney to discover the substance of the undisclosed communications. Vacated and reversed.
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