• Matenkoski v. Greer

    Publication Date: 2019-07-15
    Practice Area: Real Estate
    Industry: Automotive | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0818

    Trial judge properly granted a preliminary injunction barring appellants from operating an automobile repair and restoration business at their residence because the commercial business was in violation of local zoning ordinances and the time and manner restrictions were well within the trial court's discretion. Affirmed.

  • Commonwealth v. Handley

    Publication Date: 2019-07-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0806

    The superior court rejected defendant's argument that schedule I of the Controlled Substance, Drug, Device and Cosmetic Act was unconstitutional in that it included marijuana, a substance recognized under the Medical Marijuana Act as having the potential for medical use. The appellate court affirmed defendant's judgment of sentence.

  • Driscoll v. Arena

    Publication Date: 2019-07-01
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0761

    Trial court erred in striking appellant's confessed judgments because appellees' petitions were untimely, appellees' counsel's errors did not provide a compelling reason for noncompliance with rule 2959(a)(3) and trial court erred in holding that the four-year statute of limitations applied because the notes were under "seal." Vacated and remanded.

  • In the Interest of: Z.N.F.

    Publication Date: 2019-06-24
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0721

    Trial court did not abuse discretion in finding no conflict between child's best interests and legal interests in involuntary termination of parental rights proceeding where advocate ascertained child's preferred outcome of proceeding to the extent possible, given child's immaturity and inability to understand concepts such as adoption. Order of the trial court affirmed.

  • Commonwealth v. Hill

    Publication Date: 2019-06-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0674

    Where the record established that defendant gave money to other persons to make straw purchases of firearms using proceeds from his illegal sale of firearms, the evidence was sufficient to sustain his conviction for dealing in proceeds of unlawful activities in violation of 18 Pa.C.S. §5111 as it satisfied the "unlawful activity" element of the offense. The appellate court affirmed.

  • Bielak v. Bielak

    Publication Date: 2019-06-10
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0673

    The trial court did not err in denying husband's petition to modify his obligation to pay wife alimony pendente lite since wife's distributions from an IRA she inherited from her late father did not constitute "income in respect of a decedent" under §4302 of the Domestic Relations Code. The appellate court affirmed.

  • Strasburg Scooters, LLC v. Strasburg Rail Road, Inc.

    Publication Date: 2019-06-03
    Practice Area: Transportation
    Industry: Federal Government | Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0657

    Trial court properly dismissed appellant's declaratory judgment action against appellee rail road seeking relief related to its right-of-way because under the interstate commerce commission termination act, the surface transportation board had exclusive jurisdiction over the issues. Affirmed.

  • In the Matter of the Application of the Commonwealth

    Publication Date: 2019-05-06
    Practice Area: Health Care Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0527

    Trial court erred in denying commonwealth's request to inspect rehabilitation clinic's records as to clinic's distribution of methadone to defendant because enforcing the controlled substance, drug, device and cosmetic act would not reveal any potentially incriminating information in the substance of any of defendant's patient records as prohibited by the Pennsylvania drug and alcohol abuse act. Reversed in part.

  • Carlino v. Ethicon, Inc. et al

    Publication Date: 2019-04-29
    Practice Area: Civil Procedure | Products Liability
    Industry: Health Care | Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0480

    The trial court did not err in denying defendant's request for a directed verdict in this product liability suit based on the statute of limitations where the evidence supported the conclusion that plaintiff reasonably believed her pain was a risk of the surgery and, thus, the court submitted the issue to the jury. The appellate court affirmed the judgment for plaintiff.

  • Belliveau v. Phillips et al

    Publication Date: 2019-04-22
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0447

    The trial court lacked jurisdiction to enter judgment against appellants in this action to quiet title where appellants, who purchased the property in dispute at a sheriff's sale, were not named as defendants in the complaint or personally served with the complaint. The appellate court vacated and remanded.