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Publication Date: 2024-11-29 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Olson Attorneys:For plaintiff: for defendant: Case Number: 241 WDA 2024
The parents appealed the orders of the Court of Common Pleas of Allegheny County terminating their parental rights to their two daughters and their son. Mother asked the children's aunt to care for the two daughters while the mother was intoxicated. When mother returned to retrieve the children, police were contacted and would not allow the aunt to release the daughters to mother due to her heavy intoxication. Father was on probation as a Tier III sexual offender after a conviction for involuntary deviate sexual intercourse with a 9-
Court dismissed appellant's appeal from declaratory judgment issued on stipulated facts where the case did not involve an appeal from a local agency decision or a resolution of the matter on pre-trial motions, and appellant failed to file post-trial motions as required by civil rules. Appellee's motion to quash appeal granted, appeal dismissed.
The trial court summarized COVID-19 related insurance claims by plaintiff Shaner Hotel Holdings, LP in lieu of a § 1925(a) opinion which it claimed it did not have time to prepare because it was now serving in the Philadelphia orphans court division.
Plaintiff sued defendant for breach of contract after defendant allegedly failed to pay all amounts due for services performed. The court found in favor of plaintiff and awarded damages based upon the difference between the amounts billed by plaintiff and the amounts that defendant paid.
Publication Date: 2024-11-29 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Beck Attorneys:For plaintiff: for defendant: Case Number: 2853 EDA 2023
Trial court properly found violation of probation where defendant failed to complete domestic violence therapy as required by the Domestic Violence Unit where therapy was a reasonable condition in furtherance of the terms of defendant's probation. Judgment of sentence affirmed.
The United States moved to dismiss personal injury plaintiff's Federal Tort Claims Act suit pursuant to the discretionary function exception to the FTCA's waiver of sovereign immunity. The court granted the motion, holding that the United States enjoyed immunity from plaintiff's claims, which alleged a hazardous condition on a sidewalk within a national park, where sidewalk maintenance and safety warnings were discretionary matters subject to the park staff's limited resources.
Publication Date: 2024-11-29 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 1238 EDA 2023
Commonwealth appealed the trial court's order dismissing charges against defendant based on a violation of Pennsylvania's speedy trial rule. The court affirmed, holding in part that a pretrial delay associated with Commonwealth's acquisition of a forensic report was not excludable from the calculation of defendant's trial run date under the speedy trial rule where Commonwealth failed to follow up on its initial request for the report in a timely fashion before defendant's trial date approached.
The court granted in part and denied in part the appeals of the decisions of the Office of Open Records after oral argument attended by petitioner but not by respondent.
Court dismissed Commonwealth from action challenging constitutionality of provisions of the Private Detective Act where local district attorneys were responsible for administering the act and enforcing against violations. Commonwealth's preliminary objections sustained, case dismissed against Commonwealth and transferred to the court of common pleas.
In this § 1925(a) opinion, the trial court requested that its orders granting the conservator's motion to approve distribution of sale proceeds and terminate conservatorship, denying respondent's motion to terminate the conservatorship, denying respondent's motion to compel petitioner to substantiate its fees and costs, denying respondent's contempt motion, and denying respondent's motion to disqualify conservator and counsel be affirmed.