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  • Commonwealth v. Hamilton

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1141 WDA 2022

    Trial counsel erred in failing to object to motion to join separate theft and shooting cases where evidence of the theft was completely irrelevant to the issue of malice or self-defense in the shooting case. Order of the PCRA court reversed, remanded for new trial.

  • In re Sletten Family Trust

    Publication Date: 2023-10-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 408 EDA 2022

    Parties cross-appealed orphans' court's decision surcharging co-trustees for payments made on mortgages under a trust and court found co-trustee committed a breach of fiduciary duty and was properly surcharged, orphans' court properly denied attorney fees and sanctions but erred in calculating the final amount to be distributed. Affirmed in part and reversed in part.

  • Stop Blight Inc. v. Dinardo

    Publication Date: 2023-10-16
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Non-Profit | Real Estate
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 251 WDA 2022

    Appellant appealed the trial court's order sustaining intervenor's preliminary objections and dismissing appellant's property conservatorship action. The court affirmed, holding that the property at issue was subject to a pending foreclosure action, and thus was not susceptible to conservatorship, where a mortgage lender renewed its efforts to obtain a sheriff's sale on the property seven months after the borrower's bankruptcy case was dismissed.

  • Shell v. Shell

    Publication Date: 2023-10-16
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 442 EDA 2023

    Trial court properly found that grounds for divorce were not established under 23 Pa. C.S. §3323(g)(3) because no affidavit was ever filed, wife's verification attached to the divorce complaint did not satisfy the affidavit requirement and administrator of decedent husband's estate's reliance on estoppel failed. Affirmed.

  • Commonwealth v. Evans

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1093 WDA 2022

    Trial counsel was not ineffective for failing to move for suppression of defendant's statements in custody due to the lack of an affidavit of probable cause, where defendant was placed in custody on an unrelated bench warrant and voluntarily waived his rights to speak with investigators from another law enforcement agency. Order of the trial court affirmed.

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    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Kistler v. Dietrich

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1694 MDA 2022

    Trial court properly dismissed appellant's negligence action against defendants over his automobile accident because defendants, conducting an estate sale on their property, owed no duty to appellant to direct traffic on the road or to restrict legal, on-street parking. Affirmed.

  • Commonwealth v. Sloan

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1483 WDA 2022

    Court affirmed denial of suppression motion where officer, during lawful traffic stop, had articulable facts besides odor of marijuana to investigate potential intoxicated driving. Judgment of sentence affirmed.

  • Commonwealth v. Williams

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 980 EDA 2021

    Commonwealth failed to make prima facie case for tampering charges where there was no evidence to support a finding that defendant, a former law enforcement officer, fabricated and added information to a homicide file to support his story after being interviewed by police department's Internal Affairs Division. Order of the trial court affirmed.

  • Commonwealth v. Outlaw

    Publication Date: 2023-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1788 EDA 2022

    Audible offensive outburst directed toward the trial judge in open court during proceedings was a sufficient disruption to constitute direct criminal contempt. Judgment of sentence affirmed.

  • Simone v. Alam

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1536 MDA 2022

    Trial court properly dismissed appellant's slip and fall action for failure to join an indispensable party, co-owner of the property because appellant's claim was expressly premised, in part, on ownership of the real property. Affirmed.