TABLE
OF CONTENTS
AGENCY
GENERALLY
ASSESSMENT APPEALS
GENERALLY
LICENSE SUSPENSION
NOTICE OF APPEAL
Prison Discipline & Supervision
NUNC PRO TUNC
PRESERVATION & WAIVER OF ISSUES
STATUTORY APPEALS
ZONING APPEALS
GENERALLY
ATTACHMENT – BANK ACCOUNTS
BANKS & BANKING
GENERALLY
PARTNERSHIPS
Dissolution
Party to Civil
Action
CORPORATIONS
Alter Ego
Corporate Officer Personal Liability
Participation Theory
Fraudulent Transfer of Assets
Non-Profit Corporations
Representation
Successor Corporations
AFFIRMATIVE DEFENSES
COLLATERAL ESTOPPEL
CONTEMPT
CORRECTION OF COURT ERRORS
COUNTERCLAIMS AND SET-OFFS
DISCOVERY
Discoverability
Sanctions
EXCESSIVE VERDICTS
GENERALLY
INTERPLEADER
JOINDER OF CAUSE OF ACTION
JOINDER OF NECESSARY / INDISPENSABLE PARTIES
JURISDICTION
Personal Jurisdiction
JUDGMENTS
Declaratory Judgments
Default Judgments (Snap Judgments)
Entry of Judgment
Judgment by Confession
Judgment of Non Pros
Judgment on the Pleadings
Modify Judgments
Opening (Striking) Judgments
Revival of Judgments
LACHES
MATERIAL FACTS
MECHANICS LIENS
NON PROS (MOTION FOR)
PLEADINGS
Attachment of Documents to…
Complaint
Counterclaim
Motion for More Specific Pleading
Preliminary Objections
Amendment of Complaint
Burden
Scope of Court’s Examination / Record
Demurrer and Speaking Demurrer
Attorneys’ Fees
Breach of Contract
Failure of a Pleading to Conform to Law
Inclusion of an Impertinent Matter
Limitations
Preliminary Objections to Preliminary Objections
Original Process
Writ of Summons
Specificity
Standard of Review
Venue
Waiver of Objections
PROCESS
Original Process
POST TRIAL MOTIONS / MOTION FOR NEW TRIAL
RES JUDICATA
RULE OF CIVIL PROCEDURE
201: Agreements of Attorneys
206.7: Procedure After Issuance of Rule to Show Cause
207.1: Motion to Exclude Expert Testimony Which Relies Upon Novel Scientific Evidence
213: Consolidation
237: Notice of Praecipe for Final Judgment
237.1: Notice of Praecipe for Entry of Judgment of Non Pros
239: LOCAL RULES
422: COMMONWEALTH AND POLITICAL SUBDIVISIONS
1001: DEFINITION & SCOPE
1006: PETITION TO TRANSFER; FORUM NON-CONVENIENS
1018: CAPTION
1019: CONTENTS OF PLEADINGS
1019(a): CONTENTS OF PLEADINGS – MATERIAL FACTS IN CONCISE FORM
1019(b): CONTENTS OF PLEADINGS – AVERMENTS OF FRAUD, MISTAKE, OR STATE OF MIND
1024: VERIFICATION
1028: PRELIMINARY OBJECTIONS
1029: DENIALS, EFFECT OF FAILURE TO DENY
1030: NEW MATTER
1031: COUNTERCLAIM
1032: WAIVER OF DEFENSES
1035: SUMMARY JUDGMENT
1054: SPECIFIC AVERMENTS
1147: THE COMPLAINT
1910.12: OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS.
1910.16-1: AMOUNT OF SUPPORT. SUPPORT GUIDELINES.
1910.16-2: SUPPORT GUIDELINES. CALCULATION OF NET INCOME.
1910.16-3: SUPPORT GUIDELINES. BASIC CHILD SUPPORT SCHEDULE.
1910.16-4: SUPPORT GUIDELINES. CALCULATION OF SUPPORT OBLIGATION, FORMULA.
1910.16-5: SUPPORT GUIDELINES. DEVIATION.
1910.20: SUPPORT ORDER
1920.43: SPECIAL RELIEF
2039: MINORS & COMPROMISE, SETTLEMENTS, DISCONTINUANCE
2152: STANDING
2179: VENUE
2228: JOINDER OF RELATED PLAINTIFFS
2253: TIME FOR FILING PRAECIPE (against additional defendant)
2303: INTERPLEADER
2327: WHO MAY INTERVENE
2951: METHODS OF PROCEEDING
2959: STRIKING OFF OR OPENING JUDGMENT
2973.3: NOTICE SERVED WITH WRIT OF POSSESSION
4003.1: SCOPE OF DISCOVERY, INTERROGATORIES, SPECIFICITY OF RESPONSE
4003.3: SCOPE OF DISCOVERY. TRIAL PREPARATION GENERALLY
4003.4: SCOPE OF DISCOVERY. TRIAL PREPARATION STATEMENTS.
4003.5: DISCOVERY OF EXPERT TESTIMONY; TRIAL PREPARATION MATERIAL.
4003.6: DISCOVERY OF TREATING PHYSICIAN
4009.12: ANSWER TO REQUEST FOR PRODUCTION OF DOCUMENTS
4011: LIMITATION OF SCOPE OF DISCOVERY AND DEPOSITION
SPECIFIC PLEADING
Attachment of an Agreement to Pleadings
Specific and General Damages
Motion for a More Specific Pleading
Scandalous or Impertinent Matter
STATUTE OF LIMITATIONS
SUMMARY JUDGMENT
VENUE
PERSONAL
JURISDICTION
PREEMPTION
ALCOHOL
BURDEN OF PROOF
EIGHTH AMENDMENT
FIRST AMENDMENT
Obscenity
FREEDOM OF SPEECH
FUNDAMENTAL LIBERTY INTEREST
Family Life
PRESENTATION OF ISSUES
PROCEDURAL DUE PROCESS
SOVEREIGN IMMUNITY
Generally
Medical Professional Liability Exception
Personal Property Exception
STANDING
STATUTORY CONSTRUCTION
BREACH OF CONTRACT
CAPACITY TO CONTRACT
COHABITATION AGREEMENTS (also see Family Law below)
CONSTRUCTION OF CONTRACTS
CONTRACT INTERPRETATION – INSURANCE CONTRACTS
CORPORATE OFFICER PERSONAL LIABILITY
Participation Theory
DEFENSES
Generally
Public Policy
EMPLOYMENT CONTRACTS
EXECUTORY CONTRACTS
FORMATION
Generally
Offer and Acceptance
FORUM SELECTION CLAUSE
GIST OF THE ACTION DOCTRINE
INDEMNIFICATION CLAUSE
INTERPRETATION
Generally
Intent
JOINT & SEVERAL LIABILITY
MODIFICATION
NEGOTIABLE INSTRUMENTS
NOVATION
PAROL EVIDENCE
PARTIES TO THE CONTRACT
PERFORMANCE OF CONTRACTS
POSTNUPTIAL AGREEMENTS
PREJUDGMENT INTEREST
REAL ESTATE CONTRACTS
REAL ESTATE LEASES
SALE OF GOODS
Generally
Installment Contract
Gap Fillers
Battle of the Forms
SETTLEMENT AGREEMENTS
STATUTE OF LIMITATIONS
SECURITY INTEREST
Assignments
THIRD PARTY BENEFICIARIES
UNIFORM COMMERCIAL CODE (UCC)
§ 2-313: Express Warranties by Affirmation
§ 2-314: Implied Warranty of Merchantability, Usage of
UNJUST ENRICHMENT
AFFIRMATIVE DEFENSE
Justification
ARD
COLLATERAL ESTOPPEL
COMPLAINT
(CRIMINAL COMPLAINT)
CONTROLLED SUBSTANCES
CORPUS DELICTI
Closely Related Crime Exception
Generally
CRIMES CODE (18 Pa.C.S.)
Generally
§ 1.3: Owning, operating or Conducting Chop Shop
§ 1.4: Altered or Illegally Obtained Property
§ 110: When Prosecution Barred by Former Prosecution for Different Offense
§ 111: When Prosecution Barred by Former Prosecution in Another Jurisdiction
§ 1106: Restitution for Injuries to Person or Property
§ 2501: Criminal Homicide
§ 2701: Simple Assault
§ 2702: Aggravated Assault
§ 2705: Recklessly Endangering Another Person
§ 2706: Terroristic Threats
§ 2901: Kidnapping
§ 2904: Interference with Custody of Children
§ 3121: Rape
§ 3125: Aggravated Indecent Assault
§ 3503: Defiant Trespass
§ 4904: Unsworn Falsification to Authorities
§ 5101: Obstructing the Administration of Law
§ 5104: Resisting Arrest
§ 5503: Disorderly Conduct
§ 5903: Obscene & Other Sexual Materials or Performances
§ 6105: Persons Not to Possess, Use, Manufacture, Control, Sell Firearms
§ 6111: Sell or Transfer of Firearms
§ 6301: Corruption of Minors
§ 6310: Inducement of Minors to Buy Liquor
§ 9760: Credit for Time Served
§ 10301: Controlled Substances
CRIMES VICTIM ACT
EXTRADITION
Generally
Interstate
Agreement on Detainers Act
FIREARMS
Possession, Use, or Control
Purchase, Delivery, or Transfer
FORGERY
FORMER CRIMINAL PROSECUTION
HABEAS CORPUS
Eighth Amendment Violations
Generally
INJURED CHILD
INTENT
JURISDICTION
Attorney General’s Office
Generally
Journey Act
JUVENILES
MALICE
MENTAL
CAPACITY OF DEFENDANT (COMPETENCY TO STAND TRIAL)
MOTION TO QUASH
PREJUDICIAL ERROR
PRE-TRIAL MOTIONS
PRE-TRIAL PREJUDICE
PRE-TRIAL PUBLICITY
POST CONVICTION RELIEF ACT (PCRA)
POST-TRIAL MOTIONS
Procedural Aspects
PRIMA FACIE CASE (PRELIMINARY HEARING)
PRIOR CRIMINAL ACTIVITY
PRISONERS
Accounts (money)
Discipline
Mailbox Rule
PROBATION & PAROLE
Generally
Revocation
PROSECUTORIAL VINDICTIVENESS
RECORDS & TRANSCRIPTS
RULE 600
Excludable Time vs. Excusable Delay
Due Diligence—Motion to Dismiss
Rule 600E—Rule 600G
SENTENCING
Computation
Credit for Time Served
Legality – Inconsistent Verdict
Restitution
Generally
Victim
SOLID WASTE MANAGEMENT ACT
SUFFICIENCY (WEIGHT) OF EVIDENCE
TRIAL DE NOVO
VENUE
WITHDRAWAL OF GUILTY PLEA
Unknowing Plea
Failure to Disclose Sentence Enhancement
ACQUITTAL
ARREST
DELAY – PRE ARREST
DOUBLE JEOPARDY
EXCLUSIONARY RULE
IDENTIFICATION OF DEFENDANT
INCONSISTENT VERDICTS
INEFFECTIVENESS OF COUNSEL
INTERROGATIONS
Generally
Miranda Warnings
POLICE ENCOUNTER
Arrest, Custodial Detention
Generally
Investigative Detention
Mere Encounter
RULES OF CRIMINAL PROCEDURE (PENNSYLVANIA)
103: Definition
107: Contents of Subpoena
452: Collateral
534: Duration on Obligation of Bail
545: Witness, Compulsory Process
560: Information, Filing, Contents, Function
588: Motion for Return of Property
600: Prompt Trial
Excludable Time vs. Excusable Delay
Due Diligence—Motion to Dismiss
Rule 600E—Rule 600G
703: Disclosure of Pre-Sentence Reports
708: Violation of Probation
720: Post Sentence Procedures, Appeal
SEARCH & SEIZURE
Canine Sniffs
Consent
Generally
Inventory Searches
Plain View / Plain Feel
Search Incident to Arrest
Standing
Reasonable Expectation of Privacy
Terry Stop (Stop & Frisk)
Traffic (Vehicle) Stops
Basis for the Stop
Nature of the Detention
Ultimate Arrest
SOMERSET RULES OF CRIMINAL PROCEDURE
SUBPOENAS
DECEDENT’S ESTATES & TRUSTS
AMBIGUITY
ACCOUNTS AND ADMINISTRATION (tax problems)
BENEFICIARY
ELECTIVE SHARE OF SPOUSE
JOINT (SURVIVORSHIP) ACCOUNTS
LAPSE
PERSONAL REPRESENTATIVE
Compensation
Generally
POWERS OF ATTORNEY
PROBATE, ESTATES, AND FIDUCIARIES CODE (20 Pa.C.S. § 101, et al)
§ 2101 – 2114: Intestate Succession
§ 3101 – 3184: Letters, Personal Representative, Etc.
§ 4301 – 4306: Temporary Fiduciaries
§ 5601 – 5611: Powers of Attorney
§ 6101 – 6116: Estates
§ 6301 – 6306: Multiple Party Accounts
TESTATOR’S INTENT
No cases at this time.
APPLICABILITY OF PA RULES OF EVIDENCE
ATTORNEY CLIENT PRIVILEGE
CIRCUMSTANTIAL EVIDENCE
CREDIBILITY
CROSS-EXAMINATION
DEAD MAN'S STATUTE
OBJECTIONS
PAROL EVIDENCE RULE
RULES OF EVIDENCE (PENNSYLVANIA)
104: Preliminary Questions
201: Judicial Notice
401 – 403: Relevance and Admissibility
404: Character Evidence Not Admissible
601: Competency of Witness
701 – 706: Expert Witness
801: Hearsay Generally
803(8): Hearsay, Public Records Exception
803(25): Hearsay, Party Admission Exception
1001 – 1008: Best Evidence Rule
STIPULATIONS
VOIR DIRE OF JURY
ABUSE
Child Protective Services Laws, 23 Pa.C.S. § 6301
ADOPTION
Generally
Termination of Parental Rights
CHILD SUPPORT
Calculation of Income
Conflict of Laws
Duty to Pay
Incarceration of Obligor
Medical Expenses
Modification
Reduction of Income
Res Judicata
COHABITATION AGREEMENTS (also see Contract Law above)
CUSTODY & VISITATION
Child Protective Services Law
Custody Generally
In Loco Parenti
Involuntary Termination of Parental Rights
Standing
Visitation Generally
DIVORCE
Affidavits
Alimony
Alimony Pendente Lite
Bifurcation of Trial
Complaint
Equitable Distribution (Marital Property)
Generally
Grounds for Divorce
Hearing Officer Standard of Review
Prenuptial and Postnuptial Settlement Agreements
Spousal Support
DOMESTIC RELATIONS CODE
§ 2511:
§ 3101 to 3105: Divorce Generally
§ 3301: Grounds for Divorce
§ 3323: Divorce Decree of Court
§ 3332: Opening or Vacating Divorce Decrees
§ 3502: Equitable Division of Marital Property
§ 3701 to 3707: Alimony and Support
§ 6101 to 6117: Protection from Abuse
JURISDICTION
Uniform Child Custody Jurisdiction & Enforcement Act
Uniform Interstate Family Support Act
LEGAL FEES AND EXPENSES
MARRIAGE
Common Law Marriage
MARRIAGE SETTLEMENT AGREEMENTS
MASTER REPORT & RECOMMENDATIONS
Exceptions
Generally
NAME CHANGES
PATERNITY
POSTNUPTIAL AGREEMENTS
PROTECTION FROM ABUSE (PFA)
BAD
FAITH CLAIMS
PATENTS
DISTRICT
JUSTICES
GENERALLY
MEDICAL MALPRACTICE
EXPERTS
HOSPITAL (CORPORATE) LIABILITY
INFORMED CONSENT
PRIMA FACIE ELEMENTS
SOVEREIGN IMMUNITY – MEDICAL PROFESSION LIABILITY EXCEPTION
Ignition Interlock
Implied Consent
License suspensions
Generally
Habitual Offender
Look backs
O’Connell Warnings
Prior Conviction
Reasonable Grounds Test
Sentencing
FEES
SECTIONS OF VEHICLE CODE (75 Pa.C.S.)
101: Generally
1515: Notice of Change of Name or Address
1541: Revocation of License
1542: Revocation of Habitual Offender License
1543: Driving While Operating Privilege is Suspended or Revoked.
1547: Chemical Testing to Determine Amount of
Alcohol/Controlled Substance
1581: Driver's License Compact
1701: Financial Responsibility Generally
1702: Definitions
1719: Coordination of Benefits
1720: Subrogation
1722: Preclusion of Recovering Required Benefits
1731: Availability, Scope, and Amount of Coverage
1786: Required Financial Responsibility
3112: Traffic Control Signals
3731: DUI Repealed
3733: Fleeing or Attempting to Elude Police
3805: Ignition Interlock
4107: Unlawful Activities
4303: General Lighting Requirements
4535: Audible Warning Devices
4903: Securing Loads in Vehicle
6304: Authority to Arrest Without Warrant
6308:
Investigation by Police Officer
SUMMARY CONVICTIONS – IMPOSITION OF RESTITUTION
UNDERINSURED MOTORIST
CITIZEN’S ARREST
ELECTIONS
Nominating Petitions
Recounting
Registered Party Electors
Write-in Votes
GOVERNMENT
Agencies
County
INTERGOVERNMENTAL COOPERATION AGREEMENTS
LIQUOR CODE
MUNICIPAL AUTHORITIES
POLICE OFFICERS
Authority
Chief of Police Act
Generally
POLITICAL SUBDIVISION TORT CLAIMS ACT
SEWER SYSTEMS
WASTE MANAGEMENT
PROFESSIONAL CONDUCT (ETHICS)
ATTORNEY FEES
CONFLICTS OF INTEREST
DISQUALIFICATION OF COUNSEL
GENERALLY
LEGAL MALPRACTICE
Assignability of Claims
Prejudgment Interest in Negligence Claims
Theories of Recovery
WITHDRAWAL OF COUNSEL
DEEDS
Doctrine of Merger
Mistake
EJECTMENT
EMINENT DOMAIN (TAKING)
FENCES
IMPLIED COVENANT OF QUIET ENJOYMENT
INTEREST IN LAND
Easements
Licenses
Prescriptive Easements
Public Use
LANDLORD & TENANT
Duties of Landlord
Eviction
Public Housing
Tenancy Duration
MORTGAGES
Act 6 & Act 91
Foreclosure
Generally
Priority
PERSONAL PROPERTY
PRIVATE ROAD ACT
RECREATION USE OF LAND & WATER ACT
RESTRICTIVE COVENANTS
SHERIFF’S SALE OF REAL PROPERTY
TAXATION
Assessment (Valuation) of Real Property
Tax Sale of Real Property
ZONING
Zoning Appeals – Timely Filing of Zoning Appeals
Permits
Variance
ATTORNEY’S FEES
DAMAGES GENERALLY
EQUITY
ESTOPPEL
INJUNCTIONS
PAIN AND SUFFERING
PRE / POST-JUDGMENT INTEREST
PUNITIVE DAMAGES
RESTITUTION
SPECIFIC PERFORMANCE
TAXATION
No cases at this time.
DEFAMATION
DEFENSES
Assumption of the Risk
Release
INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONSHIP
INTENT (WILLFUL AND RECKLESS CONDUCT)
INTENTIONAL MISREPRESENTATION
MASTER-SERVANT RELATIONSHIPS
MISREPRESENTATION
MISCELLANEOUS
MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW – LIMITED TORT ELECTOR
NEGLIGENCE
Assumption of Risk Defense – Skier’s Responsibility Act
Generally
Intoxication Alleged
Duty of Care
Exculpatory Clauses
Elements
Generally
Premise Liability
Business Invitees
NEGLIGENT ENTRUSTMENT
PRODUCTS LIABILITY
WORKERS COMPENSATION
WORKERS COMPENSATION ACT
Exclusivity Provision
Generally