• Commonwealth v. Lombardo

    Publication Date: 2023-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 229 OF 2021

    The court denied defendant's motion to suppress evidence on the grounds that under 16 P.S. § 1440(b), the detective assigned to the case was authorized to practice in the jurisdiction. The court further denied defendant's habeas corpus petition on the grounds that there was sufficient evidence to support a prima facie case for holding plaintiff on her drug possession and distribution related charges.

  • Smiley v. Smiley

    Publication Date: 2023-03-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 12035 of 2009, C.A.

    Evidence of record compelled the trial court's transfer of primary physical custody of minor children from mother to father. The trial court properly relied upon the children's testimony from a conciliation conference to support its rationale regarding the custody arrangement which most suited the children's best interests. The court recommended that the Superior Court affirm its custody order and dismiss mother's appeal.

  • Maiella v. Joseph

    Publication Date: 2023-02-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10870 of 2021, C.A.

    Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.

  • Commonwealth v. Donafrio

    Publication Date: 2023-02-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Craig
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 758 OF 2020

    The court denied criminal defendant's appeal in its entirety, finding that the Commonwealth had presented sufficient evidence for the jury to sustain drug possession and distribution charges under 35 P.S. § § 780-113 and 102.

  • Williams v. Geer et al

    Publication Date: 2023-02-13
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10889 of 2021, C.A.

    The court lacked jurisdiction over this matter brought by plaintiffs, trust beneficiaries, given that under 20 Pa.C.S. §711(12), the jurisdiction of the court of common pleas over testamentary trusts shall be exercised by its orphan's court division, which court already issued an order declaring exclusive jurisdiction over related matters. The court sustained defendants' preliminary objections.

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  • Commonwealth v. Respress

    Publication Date: 2023-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 341 OF 2021, CR

    Defendant was not entitled to habeas corpus relief as the commonwealth offered sufficient evidence to make out a prima facie case of the firearms offenses charged, and defendant's affirmative defense of justification was to be addressed at trial. The court denied defendant's pre-trial habeas corpus petition.

  • Marquis v. Trover

    Publication Date: 2023-02-13
    Practice Area: Deals and Transactions
    Industry: Investments and Investment Advisory | Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 11142 OF 2017, C.A.

    The court granted a motion to dismiss all claims against defendants on the grounds that plaintiffs put forth no evidence that defendants acted fraudulently or presented any false evidence with the intention to induce plaintiff into purchasing a real property.

  • Commonwealth v. Johnson

    Publication Date: 2023-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 781 OF 2021

    The court denied defendant's supplemental omnibus pretrial motion and motion for suppression on the grounds that there was sufficient probable cause on the affidavit to establish requisite substantial nexus between the alleged crimes and the residence to be searched.

  • Kobal v. Neshannock Twp.

    Publication Date: 2023-02-13
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10711 of 2022, C.A.

    The court sustained defendants' preliminary objections to the application for declaratory relief on the grounds that plaintiffs first raised their objections to a taking in the form of a request for declaratory relief rather than first raising those issues in preliminary objections to defendant's declaration of taking.

  • Commonwealth v. Poland

    Publication Date: 2023-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 709 OF 2021

    Police were required to obtain a search warrant prior to seizing defendant's cell phone as there was no evidence to suggest he was likely to delete his cell phone's internet browser history and, thus, a lack of exigent circumstances necessitating immediate seizure of the phone. The court granted in part defendant's motion to suppress.