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  • In the Interest of C.S.

    Publication Date: 2024-11-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 505 WDA 2024

    Mother appealed the orphans' court's order granting county agency's petition for involuntary termination of her parental rights to her son. The court affirmed, holding in pertinent part that the orphans' court harmlessly erred in appointing a guardian ad litem on behalf of mother, who was incapacitated, in proceedings for termination of her parental rights where the appointment caused mother no prejudice under the facts.

  • McWilliams v. McWilliams

    Publication Date: 2024-10-11
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 211 WDA 2024

    Trial court correctly determined that grounds for divorce had not been established before spouse's death where spouse died less than 20 days after filing an affidavit establishing grounds for divorce and the other spouse did not affirmatively admit the allegations in the affidavit. Order of the trial court affirmed.

  • In the Interest of: K.T.

    Publication Date: 2024-10-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 324 WDA 2024

    Trial court had sufficient evidence to involuntarily terminate parental rights where mother proved incapable of remedying her substance abuse issues and expert testimony found child had a stronger, healthier bond with her foster parent. Order of the trial court affirmed.

  • Commonwealth v. Kapellusch

    Publication Date: 2024-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 129 WDA 2024

    Appellant appealed the post-conviction relief court's denial of his petition filed pursuant to the Post Conviction Relief Act. The court affirmed, holding that the PCRA court did not err in declining to deem appellant's version of facts admitted where Commonwealth failed to answer appellant's PCRA petition as ordered by the PCRA court.

  • Commonwealth v. Peters

    Publication Date: 2024-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2591 EDA 2021

    Evidence was sufficient to support a finding of malice in DUI vehicular homicide case where record showed defendant had ample opportunity to recognize severe intoxication, making his decision to continue driving sufficiently reckless to constitute malice. Judgment of sentence affirmed.

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    Lancaster County & Berks County Court Rules 2024

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  • Commonwealth v. Lapaglia

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1332 WDA 2023

    Appellant appealed from judgments of sentence entered on a jury conviction for burglary and related crimes. The court affirmed, holding that appellant was timely tried for purposes of Pa.R.Crim.P. 600 where he was brought to trial more than two months before his adjusted Rule 600 run date in light of excludable delays that included COVID-19 pandemic court closures.

  • Commonwealth v. Coleman

    Publication Date: 2024-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 49 WDA 2024

    Appellant appealed from the trial court's judgment of sentence entered after resentencing on his guilty pleas to certain crimes. The court affirmed, holding that appellant received "the benefit of his bargain" under his negotiated plea agreement where his new sentence was consistent with what he had agreed to, as corrected to avoid an illegality present in his initial sentencing.

  • Jones v. Erie Ins. Exch.

    Publication Date: 2024-07-19
    Practice Area: Insurance Law
    Industry: Insurance | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 690 WDA 2020

    New precedent upholding the validity of "regular use" exclusion in underinsured motorist policies supported trial court's judgment for insurer following accident where insured was injured while operating a regularly-used, employer-owned work vehicle. Judgment of the trial court affirmed.

  • Viall v. Garvin

    Publication Date: 2024-06-28
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 869 MDA 2023

    Appellant's action in ejectment failed where appellant failed to establish a consentable boundary line. Judgment affirmed.

  • Kopinetz v. Waste Mgmt. & Processors, Inc.

    Publication Date: 2024-05-03
    Practice Area: Employment Litigation
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1344 MDA 2023

    Trial court erred in dismissing complaint alleging wrongful termination under the Medical Marijuana Act by deciding the disputed issue of the basis for employer's decision to terminate worker who held a medical marijuana card. Order of the trial court reversed, case remanded.