OPINIONS NOT PUBLISHED BY THE BUCKS COUNTY LAW REPORTER

The following is a list of those opinions rendered by our Judges in 2017 which are not being published in the Bucks County Law Reporter.  Copies of these opinions are available at the Bucks County Law Library. 

  • Commonwealth of PA vs Kevin Joshua Cabrera, CP-09-CR-0000020-2017. Criminal law – Justification for traffic stop – Motion to suppress.  Held, the Court’s decision finding defendant guilty of the charge of DUI was supported by both the law and the record in this case and appeal should be quashed.  Written by MCMASTER, J., June 23, 2017.
  • Township of Bristol vs African Century Industries, LLC and 1 Enterprises, LLC., CP-2006-09875. Civil law – Real party interest – Pa. R.C.P.    20032-Cessation of a corporate existence – Concise matters of issues raised on appeal.  Held, appeal and cross-appeal should be quashed or denied.  Written by MCMASTER, J., June 28, 2017.
  • Commonwealth of PA vs Alex Martinez, CP-09-CR-0002999-2014. Criminal law – Rule 1925(b) timeliness of filing appeal.  Held, Appellant’s untimely appeal should be quashed for lack of jurisdiction.  Written by FINELY, P.J., July 17, 2017.
  • Commonwealth of PA vs Robert McBrearty, CP-09-CR-0001058-2010. Appeal of Order denying Amended Petition for Post-Conviction Collateral Relief.  Arson – Ineffective Assistance of Counsel – Admissibility of incriminating statement.  Held, Defendant’s claims are without merit and the appeal should be dismissed.  Written by BATEMAN, J., July 20, 2017.
  • Commonwealth of PA vs Westley Retzler, CP-09-SA-0000381-2016. Appeal filed following this Court’s Order denying Appellant’s request to proceed on appeal in forma pauperis. Held, Appellant’s appeal is without merit and should be denied and dismissed.  Written by BATEMAN, J., July 25, 2017.
  • Commonwealth of PA vs Marc Cheeseman, CP-09-0000658-2016. Appeal of Order denying Defendant’s summary appeal.  DUI with a suspended license – Failure to order trial transcript.  Held, appeal should be dismissed based upon Defendant’s failure to abide by Pa R.A.P. 1911.  Written by BALDI, J., August 17, 2017.
  • Commonwealth of PA vs William Messick, CP-09-CR-0000667-2011. Criminal law – Probation violation – Failure to pay restitution – Resentencing.  Held, the Court’s order was supported by both the law and the record in this case.  Written by FINLEY, P.J., August 20, 2017.
  • Commonwealth of PA vs Akim Pierre, CP-09-CR-0003339-2010. Criminal law – Habeas corpus – Failure to pay restitution – “illegal” sentencing – jurisdiction in Commonwealth Court.  Held, This Court lacks subject matter jurisdiction and the matter complained in this appeal is without merit.  Written by FINLEY, P.J., August 25, 2017.
  • Commonwealth of PA vs Jeffrey Dennis, CP-09-CR-0007466-2016. Criminal law – Failure to file concise statement of errors complained of on appeal.  Held, no issues were reserved for review.  Written by BATEMAN, J., August 29, 2017.
  • Commonwealth of PA vs Michael A. Brooks, CP-09-CR-0005547-2012. Defendant appeals this Court’s Orders imposing sentence and denying Defendant’s Motion for Reconsideration of Sentence.  Criminal homicide and related offenses.  Failure to timely file a Pa. R.A.P. 1924(b) supplemental Statement – Weight of the evidence.  The Court held that Defendant waived the issues raised on appeal by failing to timely file a Supplemental Pa. R.A.P. 1924(b) Statement and the evidence presented at trial supported the jury’s finding of guilt on all charges.  Written by BATEMAN, J., October 2, 2017.
  • Kucek vs Hahn, d/b/a Total Chevy and H & W Renovations, Inc. d/b/a and Raymond Constable – 2014-04772. Civil Law – Unfair Trade Practices Act – Licensed automobile dealer – Sales tax fraud.  Held, court’s order denying Appellant’s Motion for Post Trial Relief should be affirmed.  Written by Judge James M. McMaster, January 4, 2017.
  • Mpower Software Services, LLC. Vs American Water Works Services Company, Inc. and Virtual Dynamix, LLC. – CP No. 2012-08913.  Civil law – Breach of contract – Breach of duty of good faith and fair dealing and unjust enrichment.  Held, the appeal is meritless and the verdict in favor of the Plaintiff and the award of counsel fees are supported by both the law and the evidence.  Written by J. Mellon, January 5, 2017.
  • Commonwealth of PA Vs Westley A. Retzler – CP-09-SA-0000288-2014. Defendant, pro se, appeals the Court’s Order reducing Defendant’s fine from $100 to $25 following Defendant’s conviction for displaying obscured license plate in violation of 75 A. C.S. §1332(b)(1). The Court held that the $25 fine was mandated by 75 A. C.S.  1332(b)(1).  Written by J. Bateman, January 18, 2017.
  • Prudential Savings Bank vs Island Crossing, II, LP, et al., No. 2016-04505. Plaintiff appealed from the Court’s Order finding that Plaintiff violated the terms of the previously issued stay Order and was found to be in contempt, but the issue of sanctions was deferred for further proceedings.  The Court held that because there was no imposition of sanctions again Plaintiff, the Court’s Order was not final or appealable.  Written by J. McMaster, January 25, 2017.
  • Commonwealth of PA vs Gabriel-Alberto: Perazzo, CP-CR-0003340-2009. Recidivism risk reduction incentive (“RRRI”).  Appeal from the judgment of sentence imposed by the Court following a violation of probation hearing and sentencing.  Held, the Court properly calculated the RRRI minimum sentence.  Written by P.J. Finley, February 13, 2017.
  • Commonwealth of PA vs Richard Marsden, P-09-CR-0001091-1980. PCRA-Writ of Habeas Corpus – Timeliness of filing petition – Sentencing of a juvenile – Montgomery vs Louisiana.  Held, Appellant’s claim is jurisdictionally barred under the PCRA and the issue complained of on appeal is without merit.  Written by P.J. Finley, February 21, 2017.
  • Mosher vs Quattrocchi, CP-A06-10-60566-DQYR. Family law – Equitable distribution – common law marriage – alimony – counsel fees.  Appeal of the Court’s Order denying Wife’s request for alimony, counsel fees and the equitable distribution order.  Held, the Court’s Order was supported by the law and the facts in this case.  Written by SCOTT, J., March 6, 2017.
  • Commonwealth of PA vs Westley A. Retzler, P.-09-SA-0000381-2016. Criminal law – failure to file a timely 1925 (b) statement – automatic waiver of issues.  Held:  no issues were preserved for appeal and the appeal should be dismissed.  Written by BATEMAN, J., March 16, 2017.
  • Commonwealth of PA vs Coco Kollie Wallace, P.-09-CR-0007796-2014. Appeal from Order imposing sentence.  Pa.R.A.P. 1925(b) – Pa.R.Crim.P. 720(A)(3).  The Court held that the appeal should be dismissed on procedural grounds for failure to file a 1925(b) Statement and failure to file a Notice of Appeal within 30 days of imposition of sentence.  Written by BATEMAN, J., March 21, 2017.
  • Commonwealth of PA vs David Zorger, CP-09-CR-0001811-2016. Appeal from judgment of sentence.  Guilty plea.  Held, Defendant entered guilty plea voluntarily, knowingly, and intelligently.  Written by FINLEY, P.J., March 27, 2017.
  • Bank of America vs Tracy Jones Hall, C.P. No. 2013-00225. Mortgage foreclosure – Judgment of default, Held:  Order denying Defendant’s Petition to Strike Default Judgment should be affirmed.  Written by RUBENSTEIN, J., March 23, 2017.
  • Elkay vs Bridgetown Township Zoning Hearing Board. 2015-05632.  Decision of zoning hearing board – junkyard use – non-conforming use.  Held, The finding of the Zoning Hearing Board was supported by substantial evidence and is affirmed.  Written by FINLEY, P.J., April 3, 2017.
  • In Re: T.R.R., No. 2014-A9008-36 – Involuntary termination of parental rights. Parents appeal Final Decrees granting Bucks County Children and Youth Social Services Agency’s Petitions to involuntarily terminate Mother’s and Father’s parental rights.  Held, Final Decrees should be affirmed.  Written by GILMAN, J., April 3, 2017.
  • Commonwealth vs George Kubis, CP-09-CR-0008943-2007. Appeal from Order denying Defendant’s PCRA Petition.  Robbery and related offenses – Timeliness of Petition – Ineffective Assistance of Counsel.  The Court held that the Appeal should be dismissed for lack of jurisdiction and substantive merit.  Written BATEMAN, J., April 18, 2017.
  • Commonwealth vs Bush. CP-09-CR-0000171-2013.    Appellant appeals the judgment of sentence imposed by this Court.  Held, this Court’s Order denying Appellant’s Motion for Reconsideration of Sentence is supported by both the law and the record in this case.  Written by BATEMAN, J., April 19, 2017.
  • Commonwealth vs James George Douris, CP-09-CR-0007831-2-14 and CP-09-CR-007835-2014.  Appeal from Order revoking parole.  Revocation of parole.  The Court held that the overwhelming evidence indicated that Defendant repeatedly and calculatingly failed to comply with the Court’s articulated, reasonable conditions of parole and Defendant’s appeal if without merit.  Written by GILMAN, J., April 20, 2017.
  • Commonwealth vs Steven C. McCoy, CP-09-00006299-2014 & CP-09-CR-00007583-2014. Appeal from Order dismissing Defendant’s PCRA Petition.  Manufacture, Delivery, or Possession of a Controlled Substance and Simple Assault – Ineffective Assistance of Counsel.  The Court held that the Order dismissing Defendant’s PCRA Petition is supported by both the law and the record in this case.  Written by BATEMAN, J., May 10, 2017.
  • Commonwealth vs Freeman-Jones, CP-09-CR-0001633-2012. Criminal law – PCRA –Timeliness of filing petition – Exceptions – Retroactive application of Alleyne vs United States, 133 S.Ct.2151 (2013).  Held, the petition requesting relief pursuant to PCRA 1925(b) was filed in an untimely manner and is without merit.  Written by FINLEY, P.J., May 18, 2017.
  • In re: Estate of Gene B. Rosmarin, Deceased,   2017-0441.  Appeal of Court’s Decree denying Appellant’s Petition to Strike Appellee’s claim that Appellee is the surviving Spouse of the Decedent and Appellee’s claim against Decedent’s Estate.  The court held that Appellant’s Rule 925(b) Statement of Errors Complained of an Appeal are so vague as to be deemed waived; and the Court did not err in:  denying Appellant’s request to annul the marriage between Appellee and the Decedent; denying Appellant’s request to admit affidavits prepared by the Appellee’s mother, daughter, cousin and the Decedent; and sustaining Appellee’s objections to the hearsay testimony of a witness.  Written by FRITSCH, J., May 26, 2017.
  • Bayview Loan Servicing, LLC vs Emmons. CP-2012-07410.  Civil law Mortgage foreclosure – Motion for summary judgment – Scope of review – limited defenses to in rem mortgage procedures.  Held, the Court’s order granting Appellee’s motion for Summary Judgment should be affirmed by the Superior Court as it was supported by both the law and the record in this case.  Written by BATEMAN, J., June 19, 2017.
  • Commonwealth vs John Ferraro, CP-09-CR-0005863-2013, CP-09-CR-0005864-2013, CP-09-CR0005865-2013, CP-09-CR-0005866-2013. Appeal of Order denying Defendant’s offenses.  Sentencing – Discretion of trial court – Sentencing guidelines.  Held, Defendant’s sentence does not amount to an abuse of discretion and Defendant’s appeal is meritless.  Written by BATEMAN, J., June 30, 2017.
  • Portfolio Recovery Associates LLC vs Daniel Hackenberg, C.P.2016-00951. Proper pleading causes of action – Preliminary objections – Unjust enrichment.  Held, Defendant’s preliminary objections sustained and ordered that Plaintiff shall file its amended complaint within 20 days.  TRAUGER, J., March 27, 2017.
  • Charlene B. Nakonetschny vs Steven J. Nakonetschny, 2014DR00503. Domestic Relations – Child Support.  Held, The Domestic Relations Officer’s Interim Modification Order is confirmed as the final Order of this Court.  Father shall pay $1,247.00 per month for the support of the minor children and an additional $249.00 per month to be paid towards any arrears.  Written by TRAUGER, J., March 28, 2017.
  • Angelica Wright vs Christopher Wright, A06-11-63843-C-40. Domestic Relations – Child Custody.  Held, the parties to have shared legal custody of Children, which includes the right to make major decisions as to medical, educational, religious and other issues affecting the best interest and permanent welfare of Children.  Written by TRAUGER, J., April 3, 2017.
  • Commonwealth of PA vs Edward A. Daniels, CP-09-CR-0000684-2006. Criminal law – PCRA – Failure to file a concise statement of matters complained of on appeal – waiver of issues.  Held, This Court had no jurisdiction to address the merits of this appeal.  Written by BALDI, J., September 5, 2017.
  • Commonwealth of PA vs Steven Sterner, CP-09-CR-3462-2010, CP-09-CR-8082-2010, CP-09-CR-8083-2010, CP-09-CR-5114-2013. Criminal law – Probation violation – Sentencing.  Held, imposition of sentence appropriate and claims on appeal are without merit.  Written by GILMAN, J., September 20, 2017.
  • Commonwealth of PA vs Dan Kroemmelbein, CP-09-CR-0002005-2016. Criminal law – PCRA – Ineffectiveness of counsel – failure to file concise statement of matters complained of on appeal. Held, Appeal procedurally flawed and Appellant’s PCRA Petition is meritless.  Written by BATEMAN, J., September 25, 2017.
  • Commonwealth of PA vs Scott E. Wills, CP-09-CR-0004950-2015, CP-09-0005671-2015. Criminal law – PCRA – Ineffectiveness of counsel.  Held, Defendant failed to meet the burden of proof necessary to obtain relief.  Written by BATEMAN, J., October 2, 2017.
  • Commonwealth of PA vs Shane Richard Mulhern, CP-09-CR-0002906-2014 and CP-09-CR-0002926-2014. Defendant appeals this Court’s Order imposing Sentence.  Accidents Involving Death or Personal Injury and related offenses.  Probation violation – Held, the Court appropriately sentenced Defendant for his probation violation.  Written by BATEMAN, J., October 12, 2017.
  • Commonwealth vs Blom, CP-09-CR-0004792-2015. Criminal law – PCRA – Ineffectiveness of counsel – Retroactivity of Birchfield vs Dakota.  Held the Court’s denial of the Petition for Post Conviction relief was supported by both the law and the record.  BATEMAN, J., November 2, 2017.
  • Commonwealth vs Walter Campbell, CP-09-SA-410-2017. Civil law.  Failure to file a concise statement of matters complained of on appeal as required by Pa.R.A.P  1925 Held:  Issues waived and appellant is barred from filing a direct appeal.  This Court respectfully requests that the Superior Court affirms this decision.  BALDI, J., November 16, 2017.
  • Commonwealth vs Catherine Kness, CP-09-SA-0000476-2016. Motor vehicle violation- Failure to stop at a red signal.  Defendant appeals pro se from her conviction of the summary offense of failure to stop at a red signal.  The court held that the issue complained of on appeal are without merit.  FINLEY, P.J., November 17, 2017.
  • Commonwealth vs Louis Butler, CP-09-CR-0002288-2017. Defendant appeals judgment of sentence after being found guilty of the possession of heroin and oxycodone and related offenses.   The Court held that police officer possessed the requisite reasonable suspicion to initiate the investigative detentions base upon information received from a reliable informant; and sufficient evidence was presented to establish constructive possession of heroin and possession of oxycodone with intent to deliver.  FINLEY, P.J., December 4, 2017.
  • Commonwealth vs Dean Winters, CP-09-CR-0005439-2016. Defendant appeals this Court’s denial of Defendant’s Motion for Reconsideration of Sentence imposed after Defendant’s Nolo Contendere plea to the crime of Involuntary Deviate Sexual Intercourse, Person Less Than 16 Years of Age and related offenses. Sentencing – Nolo Contendere plea.  The Court held that the sentence of eight and a half to 20 years’ incarceration was within the Court’s discretion, and that Defendant knowingly, intelligently and voluntarily entered his Nolo Contendere plea.  Written by BATEMAN, J., December 7, 2017.
  • Commonwealth vs Gregory Mark Dunbar, CP-09-CR-0002434-1985, CP-09-CR-0002435-1985, CP-09-CR-0002436-1985. Defendant appeals this Court’s Order denying his last Post-Conviction Relief Act Petition.  Attempted First Degree Murder and related offenses.  The Court held that PCRA Petition was untimely on its face and Defendant’s appeal should be quashed.  Written by BATEMAN, J., December 14, 2017.