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The Legal Intelligencer

Jackson v. Jackson, PICS Case No. 17-1006 (Pa. Super. June 16, 2017) Strassburger, J. (16 pages).

Wife had not waived her claim to equitable distribution where husband had filed divorce action raising claim for equitable distribution, wife filed counter-affidavit indicating a claim for economic relief, and the parties entered a bifurcated divorce where trial court retained jurisdiction over economic claims that survived the divorce. Order of the trial court reversed.
3 minute read

The Legal Intelligencer

Commonwealth v. Kline, PICS Case No. 17-1001 (Pa. Super. June 16, 26, 2017) Bender, J. (11 pages).

The trial court did not err in sentencing defendant to a mandatory minimum sentence for violating the Solid Waste Management Act where the sentencing provision of the act did not require proof of any additional elements of a crime and, thus, did not run afoul of the holding in 'Alleyne v. U.S.' The court affirmed the trial court's judgment of sentence.
5 minute read

The Legal Intelligencer

Commonwealth v. Koch, PICS Case No. 17-0931 (C.P. Lycoming May 11, 2017) Butts, J. (5 pages).

The court deferred decision on defendant's constitutional challenges to the retroactive application of the lifetime registration requirement in the State Offender Registration and Notification Act given the Pennsylvania Supreme Court's recent grant of appeal in three cases challenging the same statute. The court denied defendant's motion for relief nunc pro tunc without prejudice.
3 minute read

The Legal Intelligencer

In Re D.L.B., PICS Case No. 17-1005 (Pa. Super. June 15, 2017) Ford Elliott, P.J. (14 pages).

Trial court did not abuse its discretion in involuntarily terminating father's parental rights because father never had custody of child, had little contact or involvement in child's life, failed to cooperate with the services provided by CYF. Affirmed.
3 minute read

The Legal Intelligencer

Greenscape Landscape Contractors, Inc. v. City of Phila., PICS Case No. 17-0988 (C.P. Philadelphia June 12, 2017) Djerassi, J. (14 pages).

The plaintiff contractor could not recover from the City of Philadelphia for alleged breach of contract where the company failed to produce any evidence of the work it performed without compensation or any evidence of lost profits. The court granted the city's motion for summary judgment.
5 minute read

The Legal Intelligencer

Partlow v. Gray, PICS Case No. 17-1007 (Pa. Super. June 15, 2017) Dubow, J. (10 pages).

Evidence of defendant's bloodshot eyes and lethargic behavior, BAC test results, and expert testimony using results to extrapolate defendant's BAC and its impact on fitness to drive at the time of the accident were cumulatively sufficient to constitute admissible evidence of defendant's intoxication and fitness to drive. Judgment affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Schmidt, PICS Case No. 17-1002 (Pa. Super. June 14, 2017) Bender, P.J. (22 pages).

Trial court properly sentenced appellant to incarceration after he violated the probation and/or intermediate sentences imposed for his two underlying convictions for the fifth time and the reviewing court granted appellant's counsel's petition to withdraw. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth v. Williams, PICS Case No. 17-1003 (Pa. Super. June 13, 2017) Stevens, P.J. (15 pages).

Trial court erred in suppressing evidence found in hotel room where appellee told police he was staying in a different hotel room, presented no evidence that he rented or was occupying the searched room, the hotel had no registry information for the searched room and the hotel manager was unable to provide any information as to who rented or occupied the searched room. Reversed.
6 minute read

The Legal Intelligencer

In re Estate of Disabato, PICS Case No. 17-1004 (Pa. Super. June 13, 2017) Stevens, P. J. (12 pages).

Orphans' court's order threatening contemnor with possible incarceration for his refusal to make payments ordered by the court was consistent with its authority to compel obedience to a prior order and to compensate appellee for injuries sustained by appellant's chronic nonpayment and the sanctions were tailored to appellant's ability to comply and were strictly civil in nature. Affirmed.
6 minute read

The Legal Intelligencer

Commonwealth of Pa., Dept. of Labor v. Blaine Forbes, LLC, PICS Case No. 17-0996 (C.P. Lawrence June 16, 2017) Cox, J. (10 pages).

Summary judgment as to the amount of damages due was appropriate where the checks for payments made by defendant were submitted with the motion and correctly tabulated in a ledger provided by an affiant with personal knowledge of the case.
5 minute read

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