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  • Van Divner v. Sweger

    Publication Date: 2021-07-12
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0786

    Trial court erred in transferring appellants' underinsured motorist actions under the forum selection clause in car driver's automobile insurance policy because forum selection clause was not ambiguous, clearly tied the relevant time of residency to the time the action was brought and the proper forum was Juniata county for driver and Dauphin county for passenger. Order vacated and remanded.

  • Brown v. The End Zone, Inc.

    Publication Date: 2021-07-12
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0798

    The trial court properly exercised its discretion in denying defendants' request for a new trial on damages or remittitur where the jury's verdict for plaintiff was supported by the record and did not shock the conscience so as to suggest that the jury was influenced by partiality, prejudice, mistake or corruption. The appellate court affirmed in part.

  • In the Interest of S.D.

    Publication Date: 2021-07-05
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0770

    Mother and father filed single notices of appeal that listed two separate docket numbers, the termination of parental rights on the adoption docket and the change in permanency goal on the dependency docket and court found they failed to comply with rule 341 and quashed their appeals.

  • Commonwealth v. Wright

    Publication Date: 2021-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0704

    Parole officer had reasonable suspicion to conduct a search of parolee's vehicle after discovering parolee in possession of marijuana, after which the parolee attempted to conceal and then lied about the nature of keys that were used to access the vehicle for search. Judgment of sentence affirmed.

  • Elliot-Greenleaf, P.C. v. Rothstein

    Publication Date: 2021-06-14
    Practice Area: Contracts
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0681

    Pro se appellant appealed the award of fees to legal firm that had represented him and court quashed the appeal because the substantial briefing defects in appellant's brief hampered the court's ability to identify the issues raised or arguments presented, or to conduct any meaningful appellate review. Appeal quashed.

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  • Commonwealth v. Hand

    Publication Date: 2021-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0677

    PCRA court properly denied appellant's petition asserting ineffective assistance of counsel at the hearing to suppress evidence of his blood draw and at sentencing after he caused a multi-car accident with multiple victims because court properly found exigent circumstances justified the warrantless blood draw and his allegations regarding his sentencing were inaccurate. Affirmed

  • Tri-State Auto Auction, Inc. v. Gleba, Inc.

    Publication Date: 2021-06-07
    Practice Area: Landlord Tenant Law
    Industry: Real Estate | Retail
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0634

    Lessee appealed the judgment for lessor in a declaratory judgment action filed by lessor in a dispute over a non-residential lease and court found no abuse of discretion or error of law. Affirmed.

  • B.S.G. v. D.M.C.

    Publication Date: 2021-06-07
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0636

    Granting both parents the ability to make ultimate decisions for specific issues on which the parties had reached impasse did not undermine the shared legal custody arrangement. Order of the trial court affirmed.

  • Commonwealth v. Rojas-Rolon

    Publication Date: 2021-05-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0599

    Evidence was sufficient to support delivery or possession with the intent to deliver a controlled substance conviction where totality of circumstances pointed to defendant as the individual who had transferred drugs to a confidential informant during a controlled buy. Judgment of sentence affirmed.

  • Austin v. Thyssenkrupp Elevator Corp.

    Publication Date: 2021-05-31
    Practice Area: Attorney Rates and Arrangements
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0589

    A "fund" existed for purposes of establishing the factors necessary to recognize an attorney's charging lien where there was an award or settlement amount resolving the underlying personal injury suit, even though that settlement amount had not yet been paid out; thus, the trial court erred in denying counsel's motion for the imposition of an attorney's charging lien. The appellate court reversed.