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  • Commonwealth v. Williams

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1049

    Trial court erred in revoking state intermediate punishment sentence following the repeal of the revocation statute where the replacement statute did not contain a savings clause preserving revocation. Judgment of sentence vacated, case remanded.

  • Commonwealth v. All That Certain Lot or Parcel of Land Located at 4714 Morann Ave.

    Publication Date: 2021-09-13
    Practice Area: Civil Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1045

    Trial court erred in granting judgment on the pleadings in civil forfeiture case where pleadings did not resolve material issues of the property's value or the owner's lack of consent to use of the forfeited property for criminal activity. Order of the trial court reversed, case remanded.

  • Moyer v. Leone

    Publication Date: 2021-08-16
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0936

    Trial court erred in awarding parent counsel fees in child custody matter where it failed to articulate specific facts as to how other parent engaged in bad faith, vexatious, or repetitive conduct for filing multiple petitions for special relief, as each petition sought specific relief and several had been granted in the filing parent's favor. Order of the trial court vacated, case remanded.

  • Commonwealth v. Stanley

    Publication Date: 2021-07-26
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0849

    Where defendant's underlying conviction was vacated due to the statute being declared unconstitutional, any violations of probation arising from that conviction could not serve as the basis of a subsequent conviction and revocation of probation. Judgment of sentence vacated, conviction reversed.

  • Commonwealth v. Rivera

    Publication Date: 2021-06-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0640

    Commonwealth improperly amended criminal information by increasing the grading of charge, thereby adding previously unknown factual allegations that undermined defense strategy. Judgment of conviction affirmed in part and vacated in part, case remanded for resentencing.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

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  • Commonwealth v. White

    Publication Date: 2021-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0553

    Trial court was not required, but merely had discretion, to conduct an ability to pay hearing when imposing court costs and supervision fees as part of a judgment of sentence, as a hearing was only required prior to imposing incarceration for failing to pay costs and fees. Judgment of sentence affirmed.

  • Kinney v. Lacey

    Publication Date: 2021-05-03
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0482

    Trial court correctly determined appellants' failure to join all lot owners as indispensable parties in their quiet title actions rendered the court without subject matter jurisdiction since lot owners had easement rights to the beach area and ribbon of land around the lake belonged to lot owners collectively. Affirmed.

  • Commonwealth v. Rivera

    Publication Date: 2021-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0394

    Late amendment of charges to increase grading from first-degree misdemeanor to third-degree felony unfairly prejudiced defendant where the amendment introduced new allegations and denied defendant opportunity to adequately prepare a defense to those allegations. Convictions affirmed in part and vacated in part, case remanded for resentencing.

  • Virnelson v. Johnson Matthey, Inc.

    Publication Date: 2021-03-01
    Practice Area: Discovery
    Industry: Consulting | Manufacturing | Pharmaceuticals
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0226

    Trial court properly found defendants' consulting firm report, prepared after employee died in an industrial accident, was discoverable because consulting firm was not hired, and their report was not prepared, in anticipation of litigation. Affirmed.

  • Barna v. Langendoerfer

    Publication Date: 2021-02-22
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0184

    The trial court did not err in holding defendants in contempt for failing to attach their new freestanding garage to their residence where a restrictive covenant mandated against the construction of a garage that was not "attached" to the residence, which term envisioned a common wall. The superior court affirmed.