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  • Commonwealth v. Vo

    Publication Date: 2020-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0789

    Dismissal of PCRA petition without a hearing vacated where PCRA court failed to provide defendant with notice of intent to dismiss, such that defendant was denied opportunity to raise objections or additional issues and instead improperly raised them for the first time on appeal. Order of the PCRA court vacated, case remanded.

  • Commonwealth v. Luster

    Publication Date: 2020-07-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0771

    Trial court erred in admitting minor sexual abuse victim's forensic interview recording under the Tender Years Hearsay Act where commonwealth waited until eve of trial to provide defendant with notice of the commonwealth's intent to introduce the video. Judgment of sentence vacated, case remanded for a new trial.

  • Commonwealth v. Tyler

    Publication Date: 2020-07-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0694

    Defendant's motion for DNA testing under 42 Pa.C.S. §9543.1 constituted a separate and distinct litigation from his appeal from an unsuccessful Post Conviction Relief Act petition; therefore, the PCRA court erred in finding that it lacked jurisdiction to address his motion due to a pending PCRA appeal. The superior court affirmed defendant's judgment of sentence after considering the merits.

  • In the Interest of: T.M.W.

    Publication Date: 2020-06-08
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0590

    Trial court erred in involuntarily terminating parental rights and changing permanency goal to adoption where parent was in substantial compliance with service plan and Department of Human Services' failure to notify mother of specific deficiencies in her compliance efforts meant that DHS failed to provide reasonable efforts to reunify parent and child. Order of the trial court reversed, case remanded.

  • Commonwealth v. Ramos

    Publication Date: 2020-04-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0429

    Defendant could not raise alleged prejudice arising from the admission of certain evidence at trial where he specifically asked the trial court not to provide a curative instruction, which could have allayed any prejudice. The superior court affirmed defendant's judgment of sentence.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Fiedler v. Spencer

    Publication Date: 2020-04-20
    Practice Area: Trusts and Estates
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0415

    Tortious interference to inheritance claim against attorney failed as a matter of law where there was no allegation that testator intended to benefit plaintiff in her will and was prevented from doing so by defendant attorney. Order of the trial court affirmed.

  • Commonwealth v. Fredrick

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0407

    The warrantless search of defendant's mobile home was constitutionally permissible where he had called police to investigate the possible theft of multiple firearms from his mobile home, thereby providing police with his valid consent to the search. The appellate court affirmed defendant's judgment of sentence.

  • Wells Fargo Bank Minnesota, N.A. v. Barron

    Publication Date: 2020-04-13
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0395

    Trial court properly denied appellants' petition to set aside a sheriff's sale because bank provided the requisite notice for postponing the sheriff's sale as required by Pa.R.C.P. 3129.3 and appellants were on notice of the scheduled sale that took place. Affirmed.

  • Commonwealth v. Mulkin

    Publication Date: 2020-02-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0192

    Trial court's reliance on pre-sentence investigation report supported imposition of aggravated range sentence, but trial court erred in failing to set restitution and costs at sentencing and postponing them until a later date. Judgment of sentence vacated, case remanded for resentencing.

  • Estate of: Fabian

    Publication Date: 2019-11-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1358

    Trial court erred in relying upon will scrivener to establish testator's testamentary capacity and erroneously denied appeal from probate where proponents failed to overcome prima facie evidence establishing a presumption of undue influence. Order of the superior court vacated, case remanded.