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  • Lesko v. Brenning

    Publication Date: 2023-11-27
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1201 WDA 2022

    Administratrix appealed court of common pleas orders exempting $30,000 in a bank account from attachment and an order allowing account holders to use some of the funds and court found the civil trial division lacked subject matter jurisdiction to adjudicate the matter. Vacated and remanded to the orphans' court division.

  • Tibbitt v. Eagle Home Inspections, LLC

    Publication Date: 2023-11-20
    Practice Area: Consumer Protection
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1474 WDA 2022

    Trial court properly dismissed appellant's action against home inspection company as time barred because 68 Pa.C.S.A. §7512 was a statute of repose that began to run on the date of the delivery of the inspection report and appellant filed her action more than a year after she received the report. Affirmed.

  • In the Interest of K.M.

    Publication Date: 2023-11-13
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 159 WDA 2023

    Trial court properly granted guardian ad litem's motion and found agency failed to put forth reasonable efforts to prevent K.M.'s removal from his home as required by 42 Pa.C.S.A. §6351(b), trial court's decision was supported by competent evidence in the record and showed agency's monumental failures. Affirmed.

  • Commonwealth v. Torres

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 MDA 2022

    Mandatory minimum sentence for rape conviction for offense committed as a juvenile was not per se unconstitutional, where constitutional protections for juveniles only concerned mandatory life sentences. Judgment of sentence affirmed.

  • Chappell v. Powell

    Publication Date: 2023-10-16
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 253 WDA 2023

    Trial court erred in dismissing the complaint due to lack of diligent efforts at service of process, which effectively contradicted the trial court's prior implicit finding of good faith effort and due diligence in granting plaintiff's motion for alternative service. Order of the trial court reversed, case remanded.

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  • 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.

  • In re N.J.B.

    Publication Date: 2023-10-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 189 WDA 2023

    Trial court properly dismissed father's guardianship petition relating to his adult down syndrome daughter because trial court properly concluded father did not institute the proceedings to aid or benefit daughter, but only to facilitate his visits with adult daughter. Affirmed.

  • Commonwealth v. McLean

    Publication Date: 2023-09-25
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 176 MDA 2023

    Trial court correctly denied suppression motion for genetic paternity testing results, where defendant was not obligated to consent to a buccal swab after being placed in custody for contempt of the paternity testing order, and where the trial court could have determined defendant's paternity either through testing or by default for defendant's failure to appear for testing. Judgment of sentence affirmed.

  • Commonwealth v. Asbury

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 907 WDA 2022

    Prohibition on Sex Offender Registration and Notification Act's irrebuttable presumption of recidivism to juveniles did not apply when a juvenile committed a criminal act ineligible to be charged as a delinquent act. Judgment of sentence affirmed.

  • Von Sick v. ANC Builders, Inc.

    Publication Date: 2023-07-17
    Practice Area: Contractual Disputes
    Industry: Construction | Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 391 EDA 2022

    Trial court erred in overruling home inspection company's preliminary objection in the form of an application to compel arbitration in plaintiff's breach of contract action because the arbitration provision itself was valid and a determination as to the validity of the rest of the contract was for the arbitrator to decide. Order vacated.