• Caterpillar Fin. Serv. Corp. v. Get 'Er Done Drilling, Inc.

    Publication Date: 2022-12-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Construction
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 202 WDA 2021

    Trial court properly granted summary judgment where it could consider affidavits from undisclosed witnesses and losing party's witness failed to provide countervailing evidence where he failed to provide his credentials to establish himself as a valuation expert or disclose the source of the facts underpinning his opinion. Judgment of the trial court affirmed.

  • Ritchey v. Rutter's Inc.

    Publication Date: 2022-11-07
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2219 EDA 2020

    Trial court properly denied defendants' motion to transfer venue on the basis of forum non conveniens because, while defendant showed inconvenience, there was no showing of oppressiveness and trial court's decision did not rise to the level of overriding or misapplying the law and was not manifestly unreasonable. Affirmed.

  • In re Trust Under Deed of Trust of Jack

    Publication Date: 2022-10-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 415 WDA 2021

    Orphan's court erred in granting trust beneficiary's request for injunctive relief preventing trustees from using trust assets to pay legal fees and in enjoining trustee from exercising any special power of appointment under the trust because orphans' court failed to either hold a hearing or make a finding of immediate and irreparable injury and trustee's exercise of her nonfiduciary special power of appointment was separate and distinct from her duties as a fiduciary. Order vacated.

  • Commonwealth v. Jackson

    Publication Date: 2022-09-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1427 EDA 2021

    Trial court properly admitted social media posts where commonwealth authenticated the accounts as belonging to defendant through circumstantial evidence such as the accounts bearing defendant's nicknames and posts on both accounts that included photos and video depicting defendant. Judgment of sentence affirmed.

  • Commonwealth v. Krock

    Publication Date: 2022-09-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2044 EDA 2021

    PCRA petition dismissed where defendant did not have meritorious challenge to sufficiency of evidence supporting his endangering the welfare of a child conviction as defendant was driving a vehicle in which he had minor passengers and therefore owed a duty of care to carefully operate the vehicle to ensure the children's safety. Order of the trial court affirmed.

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  • In the Interest of G.R.

    Publication Date: 2022-08-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0978

    Trial court properly found infant child with leg fractures was the victim of child abuse and parents were the perpetrators of the abuse because parents did not testify, presented no rebuttal witnesses and failed to rebut the §6381(d) presumption with countervailing, competent, substantial evidence. Affirmed.

  • Smith v. Smith

    Publication Date: 2022-08-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0975

    Father appealed order granting mother primary physical custody of the parties' child and court found trial court set forth each of the 16 custody factors, explained in detail which factor favored which party and there was no error or abuse of discretion in court's determination. Affirmed.

  • In re: Adoption of: D.G.J.

    Publication Date: 2022-07-04
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0743

    Trial court erred in dismissing petition to adopt a foreign-born child under §2908 of the Adoption Act, where there was no foreign adoption decree to register under §2908 and petitioners were U.S. citizens and residents of the commonwealth. Decree of the orphan's court reversed, case remanded.

  • Commonwealth v. Skipper

    Publication Date: 2022-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0704

    Court affirmed suppression motion where commonwealth failed to challenge defendant's reasonable expectation of privacy in a searched vehicle before the trial court and therefore conceded/waived the issue on appeal. Order of the trial court affirmed.

  • Frezghi v. Tesfamariam

    Publication Date: 2022-06-20
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0681

    Representation of plaintiff by a non-attorney did not divest the trial court of subject matter jurisdiction, and thus the trial court erred in vacating its judgment and ordering a new trial. Order of the trial court reversed, case remanded.