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  • Smith v. CMS West, Inc.

    Publication Date: 2023-11-20
    Practice Area: Personal Injury
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1002 EDA 2022

    Trial court properly granted defendants' motion to transfer venue to county where accident occurred on forum non conveniens grounds in appellant's negligence and strict liability action for an industrial accident. Affirmed.

  • Commonwealth v. Mach Transp.

    Publication Date: 2023-10-30
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1003 EDA 2022

    Remand was necessary for lower court to consider defendant's post-sentence claim that its counsel erroneously entered a guilty plea to driving an unregistered vehicle on defendant's behalf based on an incorrect registration document. Case remanded.

  • Commonwealth v. Walker

    Publication Date: 2023-10-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 376 WDA 2022

    Commonwealth could ask prospective jurors whether they believed that an alleged rape victim's testimony alone was sufficient to find a defendant guilty beyond a reasonable doubt where such questioning was relevant to identify jurors who held the untenable belief that proof beyond a reasonable doubt required forensic evidence or other corroborating evidence. Judgment of sentence affirmed.

  • Commonwealth v. Williams

    Publication Date: 2023-08-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 993 MDA 2022

    Acquittal on possession charge did not undermine conviction for possession with intent to deliver, since inconsistent verdicts did not necessarily constitute reversible errors. Judgment of sentence affirmed.

  • Schluth v. Krishavtar, Inc.

    Publication Date: 2023-08-21
    Practice Area: Contracts
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2088 EDA 2021

    Appellants' third appeal argued trial court erred in denying appellants' motion to mark the judgments satisfied in both the mortgage foreclosure and breach of contract cases pursuant to 42 Pa.C.S.A. §8013 and court sua sponte found trial court lacked jurisdiction to consider appellants' §8103(d) petitions because trial court was without jurisdiction to proceed further with respect to claims while an appeal was pending. Vacated.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • In re: Estate of Bavol

    Publication Date: 2023-08-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 417 WDA 2022

    Will did not displace statutory presumption imposing inheritance taxes on transferees receiving non-probate assets where tax clause was expressly limited to assets passing under the will. Order of the trial court affirmed.

  • Commonwealth v. Myers

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 831 WDA 2022

    Post-conviction relief petition based on presiding judge's contemporaneous criminal conduct failed where defendant failed to plead facts establishing causal connection between the judge's behavior and appellant's decision to enter a plea agreement. Order of the PCRA court affirmed.

  • Commonwealth v. Reed

    Publication Date: 2023-04-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 514 MDA 2022

    Admission of text message was proper where creator of group chat confirmed that the number belonged to defendant based on the profile icon and that only defendant would have knowledge of the content of the message. Judgment of sentence affirmed.

  • Commonwealth v. McLendon

    Publication Date: 2023-04-10
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 298 WDA 2022

    Trial court did not violate right to counsel by failing to conduct waiver colloquies where appellant voluntarily and intelligently chose to plead guilty and his history of dilatory conduct through the exercise of his constitutional rights warranted a finding of forfeiture of the right to counsel. Judgment of sentence affirmed.

  • Garcia v. Foot Locker Retail, Inc.

    Publication Date: 2023-03-27
    Practice Area: Tax
    Industry: Retail
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1453 WDA 2021

    Mistakenly charging sales tax on nontaxable items did not create a cognizable claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law as collection of tax did not constitute "trade or commerce" and purchasers could seek relief from the Department of Revenue. Order of the trial court reversed.