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  • Prensky v. Talaat

    Publication Date: 2023-03-20
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 636 WDA 2022

    Appellant appealed a trial court order setting out the terms of the parties' agreement to settle their property trespass dispute and court found the order was not final, did not contain an injunction and was not appealable. Appeal quashed.

  • In re: Adoption of A.M.W.

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 519 MDA 2021

    The trial court applied the wrong standard in evaluating former stepfather's asserted in loco parentis status for purposes of standing in an adoption proceeding, as precedent required the court to consider whether he had a genuine and substantial interest in formalizing a permanent parental relationship with the adoptee-child, which surpassed the interest of ordinary, unrelated strangers. The appellate court vacated and remanded.

  • Commonwealth v. Bathurst

    Publication Date: 2023-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 821 MDA 2022

    Trial court properly denied suppression motion in DUI case where police approached vehicle to conduct a welfare check and did not detain the driver until observing signs of alcohol intoxication. Judgment of sentence affirmed.

  • Commonwealth v. Wilson

    Publication Date: 2022-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 918 WDA 2019

    Child sex abuse victim's forensic interview could be admitted under tender years exception where it displayed sufficient indicia of reliability and where defense counsel opened the door to its admission by questioning the victim on his interview statements on cross-examination. Judgment of sentence affirmed.

  • DeRosa v. Gordon

    Publication Date: 2022-12-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1121 EDA 2022

    The trial court did not err in finding that the presumption of paternity did not apply since mother's marriage to husband was no longer in intact and that paternity by estoppel did not apply given the married couple's "swinger" lifestyle and the putative father's regular involvement with the child. The appellate court affirmed.

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  • In re Estate of Tomcik

    Publication Date: 2022-11-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 984 WDA 2021

    Orphans' court properly clarified orders denying appellant's motion to dismiss estate's action, imposed sanctions and directed appellant to pay the previously agreed-upon settlement and court awarded additional counsel fees due to appellant's obdurate, dilatory and vexatious conduct. Affirmed.

  • In re: Estate of Byerley

    Publication Date: 2022-10-31
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2572 EDA 2021

    Trial court correctly accepted more-recently executed will for probate where evidence demonstrated that will was validly executed and challenging beneficiary failed to present any evidence of testator's weakened intellect to support a claim of undue influence. Order of the trial court affirmed.

  • In the Interest of M.A.

    Publication Date: 2022-10-31
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1003 WDA 2021

    Attorney, who allegedly represented an allegedly incapacitated person, appealed the striking of his appearance and court found orphans' court did not hold a hearing or render findings, failed to consider a less restrictive alternative to guardianship and the petitions and orders did not comply with orphans' court rules. Vacated and remanded.

  • Trust B Under Agreement of Wells

    Publication Date: 2022-09-26
    Practice Area: Trusts and Estates
    Industry: Education | Non-Profit
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1269 WDA 2021

    Orphans' Court properly denied appellant university and trust beneficiary's motion to terminate the trust because appellant had not proven the existence of "administrative expense or other burdens unreasonably out of proportion to the charitable benefits" as required by 20 Pa.C.S.A. §7740.3(e). Affirmed.

  • Jones v. Erie Ins. Exch.

    Publication Date: 2022-09-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 690 WDA 2020

    Personal auto insurer could not use policy exclusion to avoid obligation to provide underinsured motorist coverage, where Motor Vehicle Financial Responsibility Law required an insured to execute a statutorily prescribed form to waive UIM coverage. Judgment of the trial court reversed, case reamended.