OPINIONS NOT PUBLISHED BY THE BUCKS COUNTY LAW REPORTER

The following is a list of those opinions rendered by our Judges in 2016 which were not published in the Bucks County Law Reporter.  Copies of these opinions are available at the Bucks County Law Library. 

  • Steven Leboon vs Alan McIlvain, JR, et. al. – 2016-01945.  Appeal from a collateral order of an administrative agency or lower court.  Held, Plaintiff’s appeal is frivolous and should be quashed.  Written by Jeffrey L. Finley, P.J., July 13, 2016
  • Commonwealth of PA vs Stephen Davis – CP-09-CR-0004809-2011.  PCRA – Ineffective assistance of counsel.  Held, Defendant failed to establish that counsel was ineffective and Defendant’s appeal is without merit.  Written by P.J. Finley, August 4, 2016.
  • Commonwealth of PA vs Joseph Durkin – CP-09-CR-0007257-2007.   Criminal law – PCRA – US Supreme Court decision in Alleyne v. United States did not apply retroactively to collarteral attacks upon mandatory minimum sentences advanced in post-conviction relief proceedings.  Written by J. Baldi, August 4, 2016.
  • Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2005-HE7, Mortgage Pass-Through Certificates, Series 2005-HE7 vs Eric Broitman, et ux.  2014-03469.  Mortgage foreclosure.  Held, the Court’s order granting summary judgment to the Plaintiff was supported by the evidence, including Plaintiff’s Affidavit in Support of Plaintiff’s Motion for Summary Judgment and Defendant’s appeal should be denied.  Written by J. McMaster, August 9, 2016.
  • Elena Chebotareva vs Uladzimir Charapukha – 2015DR0018 – Family law – Child support – Failure to file 1925(b) statement within time required – Issues waived on appeal – Adequate certified record for appellate review.  Held, Husband’s appeal should be quashed or denied.  Written by J. McMaster, August 10, 2016.
  • Commonwealth vs Bussey, CP-09-CR-0001185-1974.  Criminal law-PCRA-Legality of sentencing – Timeliness of filing.  Held, Defendant failed to establish a valid exception to the timeliness requirement and his appeal should be quashed or denied.  Written by J. McMaster, August 10, 2016.
  • Commonwealth of PA vs James George Douris – CP-09-CR-7834-2014.  Criminal law – Sufficiency of evidence – Impeachment of a hostile witness.  Held, Issues raised on appeal are without merit.  Written by J. Gilman, August 11, 2016.
  • Estate of Ashley Schofield, an AIP – 2016-E0095-36.  Orphans Court – Appointment of a Plenary Guardian – Adjudication as an Incapacitated person.  This court held that the record supported the need for a determination of incapacity and the appointment of a plenary guardian.  Written by J. Gilman, August 18, 2016.
  • Commonwealth of PA vs Miguel Angel Gonzalez – CP-09-CR-0002598-2013.  PCRA – Ineffective assistance of counsel.  Order denying Post Conviction Relief was supported by both the law and the record and the Superior Court should affirm this Court’s decision.  Written by J. Bateman, August 23, 2016.
  • Commonwealth of PA vs Roberto A. Tapia –  CP 09-CR-0006457-2009.  PCRA Petition.  Held, Petition was not timely filed and Petitioner’s Constitutional rights were not violated.  Written by P.J. Finley, September 26, 2016.
  •  Commonwealth of PA vs Francisco Cintron – CP 09-CR-0000249-2015.  Motion for reconsideration of sentence.  Held, Order denying Motion was supported by both the law and the record.  Written by J. Bateman, October 4, 2016.
  •  Neil A. Morris vs Molly P. Wilcox – A06-2006-61635-C-37.  Domestic relations.  Father appealed Order and entered on August 18, 2016.  Held, appeal should be quashed due to Father’s failure to comply with Pa. R.A.P. 1925 (b).  Written by J. McMaster, October 5, 2016.
  • Ditech Financial LLC F/K/A Green Tree Servicing LLC vs Derek F. D’Angiolini and Donna H. D’Angiolini. CP-2010-06371.  Civil law – Summary judgment – mortgage foreclosure – new matter – motion to dismiss-timeliness of filing.  Held, Issues complained of appeal are without merit and should be dismissed.  Written by P.J. Finley, October 14, 2016.
  • Commonwealth of PA. vs. Michael A. Brooks – CP-09-CR-0005547-2012.  Criminal law – Reconsideration of sentence.  Held, the appeal is meritless and the Judgment of sentence and Order denying Appellant’s Post-sentence Motions were supported by both the law and the record.  Written by J. Bateman, November 1, 2016.
  • Federal National Mortgage Association vs Linda Scripnicencu.  No. 2014-04414.  Appeal of Court’s Order granting Plaintiff’s Motion for Summary Judgment.  Held, Defendant’s failure to timely file a Statement of Matters Complained of on Appeal constitutes a waiver of all objections to this Court’s Order.  Written by J. Baldi, November 2, 2016.
  • Raymond Joseph Smolsky vs Dawn E. Gale – No. 2013-05846.  Civil Law – Motion for Summary Judgment – Pa.R.A.P. 1925(b) – Concise and coherent statement required.  Held, no issue for material fact existed and the Appellee’s Motion for Summary Judgment was properly granted and the appeal should be denied.  Written by J. Bateman, November 9, 2016.
  • In ReEstate of Rosalind T. Snyder, a partially incapacitated person. – No. 2014-0465.  Orphans Court – Appeal from Adjudication and Decree which affirmed Rosalind T. Snyder’s status as a partially incapacitated person in need of limited guardianship services.  Held, Adjudication and Decree supported by the evidence, including expert testimony, and the appeal is without merit.  Written by J. Fritsch, November 11, 2016.
  • Commonwealth of PA vs Faruq Bey – CP-09-CR-0006412-2015.  Criminal law – Defendant appeals the denial of Defendant’s motion to modify and reconsider sentence.  Held, Court did not abuse its discretion imposing a sentence outside the aggravated range because of the brutality of the assault and Defendant’s potentially dangerous future conduct and Defendant’s appeal is without merit.  Written by P.J. Finley, November 28, 2016.
  • Commonwealth of PA vs Gregory Mark Dunbar – CP-09-CR-0002434-1985, CP-09-CR-0002435-1985, CP-09-CR-0002436-1985. Post Conviction Relief – Statement of matters complained of on appeal – Timeliness of filing petition.  Held, the Court’s order denying post conviction relief was supported by both the law and the record in this case and it is respectfully suggested that the Superior Court Affirm this Court’s Order.  Written by Judge Wallace H. Bateman, Jr., November 18, 2016.
  • Commonwealth of PA vs Stanford A. Douglas, Jr., – CP-09-CR-0003034-2005. PCRA Petition – Timeliness of Petition.  Held, because Petition was filed more than one year after Defendant’s judgement became final and Defendant failed to prove the applicability of any of the timeliness exceptions, the Court is without jurisdiction to review the Petition.  Written by Judge Baldi, December 14, 2016.
  • Rose vs Vollmer, CP No. A06-2013-606632-C-37.  Family law – Custody – Children’s Fast Track Appeal – Custody factors set forth in 23 P.C.S. 5328 (a).  Held, The Court’s order denying father’s petition to modify an existing custody order was supported by both the law and the record in this case.  Written by Judge James M. McMaster, December 14, 2016.
  • Commonwealth of PA vs Mario Pollock – CP-09-CR-0001386-2010. PCRA Petition – Ineffective assistance of counsel.  Held, Order denying Petition was supported by both the law and the record in this case.  Written by Bateman, J., December 21, 2016.