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  • Witherspoon v. McDowell-Wright

    Publication Date: 2020-11-09
    Practice Area: Damages
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1218

    Trial court properly awarded appellant $7,500 for value of tools in a conversion action and trial court did not depreciate the value of the tools simply because they were used for a hobby in its decision finding appellant's valuation of the tools was not credible. Affirmed.

  • A.L.B. v. M.D.L.

    Publication Date: 2020-09-21
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1024

    The trial court properly addressed all relevant factors in concluding that a drastic change to custody was warranted given father's efforts to alienate his children from mother, and there was no evidence that the trial court asked the guardian ad litem for advice on how to rule on any evidentiary questions. The superior court affirmed the trial court's custody order.

  • Commonwealth v. Wilson

    Publication Date: 2020-09-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0965

    Trial court erred in denying motion to suppress evidence where police lacked reasonable suspicion to effect traffic stop where defendant was not violating restrictions on use of limited access highways as he was in the left lane passing a vehicle and traveling faster than the rate of traffic in the right lane. Judgment of sentence reversed.

  • B.R.S. v. J.L.

    Publication Date: 2020-08-17
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0876

    The superior court construed the phrase "person related by affinity" in the Protection from Abuse Act to include all definitions of a brother-in-law or sister-in-law and, thus, found that the trial court erred in finding that petitioner lacked standing to seek a protection from abuse order against his sister-in-law's husband. The appellate court reversed and remanded.

  • In the Interest of S.C.

    Publication Date: 2020-03-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0325

    Mother appealed the finding that she committed child abuse and court found that by returning child to stepfather's care despite safety plan that had been explained to mother after stepfather was accused of child sexual abuse, mother created a reasonable likelihood that the sexual abuse would continue and mother committed child abuse. Affirmed.

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  • S.R.G. v. D.D.G.

    Publication Date: 2019-12-23
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1493

    Trial court did nor err in denying grandmother's petition for child support from grandfather, for child for whom they had primary legal and physical custody due to mother's inability to care for child, because there was no statutory authorization to extend the duty of child support between two third parties where neither party had adopted the child. Affirmed.

  • In re: Interest of A.M.

    Publication Date: 2019-12-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1409

    The trial court erred in finding that the presumption of paternity did not apply in this case as the existence of troubles in a marriage does not establish that such a marriage is not intact for purposes of determining application of the presumption of paternity which, the court held, applies in same-sex marriages. The appellate court reversed and remanded.

  • Johnson v. Johnson

    Publication Date: 2019-11-18
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1363

    Trial court properly denied father's petition seeking repayment from mother of credit he received for overpayment of support payments for adult daughter who was mentally ill because, at father's request, the support payments were made directly to daughter and daughter, not mother, was the obligee under Pa. R.C.P. §1910.19(g)(2). Affirmed.

  • Commonwealth v. Whatley

    Publication Date: 2019-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1295

    Trial court imposed an illegal order of restitution where restitution was imposed as a condition of probation and the trial court failed to make a finding of the defendant's ability to pay. Judgment of sentence vacated and remanded for resentencing.

  • Commonwealth of Pennsylvania v. Lineman

    Publication Date: 2019-09-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1140

    Evidence was sufficient to convict for illegal possession of firearm where officers credibly testified that defendant held firearm in a position to fire, undercutting defendant's assertion of duress or self-defense. Judgment of sentence affirmed.