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  • Commonwealth v. Fitzpatrick

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 554 MDA 2023

    Commonwealth appealed from the trial court's order denying its request to present certain evidence in appellee's trial on charges that he murdered his wife. The court reversed in part, holding that the trial court erred in precluding appellant's admission of probative accident reconstruction evidence and competent expert witness evidence regarding the victim's manner of death by drowning.

  • In the Interest of K.C.

    Publication Date: 2024-01-15
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 487 WDA 2023

    Trial court correctly determined that changing the goal to permanent legal custodianship was in child's best interest, where child had been hospitalized for failure to thrive, and although father had substantially complied with his service plan goals and shown he was capable of parenting child, mother did not have the same parenting capacity and father would be unable to provide the "irreducible minimum requirements" since he was also a parent to three other young children. Affirmed.

  • Olar v. Bennett

    Publication Date: 2024-01-15
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 703 WDA 2022

    Trial court erred in giving defendant's requested sudden emergency doctrine instruction and in denying plaintiff's requested driver's duty of care instruction in case where defendant driver struck pedestrians because the evidence did not support a determination that defendant was "confronted with a sudden and unforeseeable occurrence." Reversed.

  • Lesko v. Brenning

    Publication Date: 2023-11-27
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1201 WDA 2022

    Administratrix appealed court of common pleas orders exempting $30,000 in a bank account from attachment and an order allowing account holders to use some of the funds and court found the civil trial division lacked subject matter jurisdiction to adjudicate the matter. Vacated and remanded to the orphans' court division.

  • Tibbitt v. Eagle Home Inspections, LLC

    Publication Date: 2023-11-20
    Practice Area: Consumer Protection
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1474 WDA 2022

    Trial court properly dismissed appellant's action against home inspection company as time barred because 68 Pa.C.S.A. §7512 was a statute of repose that began to run on the date of the delivery of the inspection report and appellant filed her action more than a year after she received the report. Affirmed.

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    Chester County Court Rules 2024

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  • In the Interest of K.M.

    Publication Date: 2023-11-13
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 159 WDA 2023

    Trial court properly granted guardian ad litem's motion and found agency failed to put forth reasonable efforts to prevent K.M.'s removal from his home as required by 42 Pa.C.S.A. §6351(b), trial court's decision was supported by competent evidence in the record and showed agency's monumental failures. Affirmed.

  • Commonwealth v. Torres

    Publication Date: 2023-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 962 MDA 2022

    Mandatory minimum sentence for rape conviction for offense committed as a juvenile was not per se unconstitutional, where constitutional protections for juveniles only concerned mandatory life sentences. Judgment of sentence affirmed.

  • Chappell v. Powell

    Publication Date: 2023-10-16
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 253 WDA 2023

    Trial court erred in dismissing the complaint due to lack of diligent efforts at service of process, which effectively contradicted the trial court's prior implicit finding of good faith effort and due diligence in granting plaintiff's motion for alternative service. Order of the trial court reversed, case remanded.

  • In re Sletten Family Trust

    Publication Date: 2023-10-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 408 EDA 2022

    Parties cross-appealed orphans' court's decision surcharging co-trustees for payments made on mortgages under a trust and court found co-trustee committed a breach of fiduciary duty and was properly surcharged, orphans' court properly denied attorney fees and sanctions but erred in calculating the final amount to be distributed. Affirmed in part and reversed in part.

  • In re N.J.B.

    Publication Date: 2023-10-02
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 189 WDA 2023

    Trial court properly dismissed father's guardianship petition relating to his adult down syndrome daughter because trial court properly concluded father did not institute the proceedings to aid or benefit daughter, but only to facilitate his visits with adult daughter. Affirmed.