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  • 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.

  • Valley Nat'l Bank v. Marchiano

    Publication Date: 2019-11-11
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1313

    Trial court properly granted summary judgment to bank in foreclosure actions based on default on a small business loan because the documents were under seal and the 20-year statute of limitations applied. Affirmed.

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  • Commonwealth v. Williams

    Publication Date: 2019-10-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1233

    Although statements made in custody prior to Miranda warnings were inadmissible, trial counsel was not ineffective for failing to suppress those statements where defendant suffered no prejudice from their admission due to other, properly-introduced evidence of defendant's guilt, including the victims' testimony identifying defendant as a perpetrator. Order of the PCRA court affirmed.

  • Commonwealth v. Perez

    Publication Date: 2019-10-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1205

    Dismissal of murder charge affirmed where evidence insufficient to establish prima facie case of probable cause that defendant was the individual who committed the stabbing murder of the victim, as there were no witnesses of the stabbing, no weapon was recovered from defendant, and defendant's action did not evidence a guilty mind. Order of the trial court affirmed.

  • Commonwealth v. Gary-Ravenell

    Publication Date: 2019-10-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1171

    The trial court imposed an illegal sentence upon defendant where it subjected him to a fine as an additional sentence without assessing his ability to pay that fine in accordance with the statutory requirements of 42 Pa.C.S. §9726(c)(1). The appellate court vacated and remanded.

  • Commonwealth v. Forsythe

    Publication Date: 2019-09-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1022

    The trial court erred in suppressing evidence obtained as a result of an officer's investigation and vehicle stop in a jurisdiction outside that of his own department where the officer was acting in aid of a county narcotics enforcement unit and participating in authorized extraterritorial action in accordance with the newly amended §8953 of the Municipal Police Jurisdiction Act. The appellate court revered and remanded.

  • C.T.E. v. D.S.E.

    Publication Date: 2019-08-12
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0941

    Appeal quashed where appellant failed to file separate notices of appeal from each docket number on appeal.