Superior Court - ERIE INSURANCE EXCHANGE v. MARK D. MAIER AND EMILY A. MAIER

ERIE INSURANCE EXCHANGE v. MARK D. MAIER AND EMILY A. MAIER No. 2094 WDA 2007 2008 PA Super 297 Atlantic: 963 A.2d 907 Filed: 12/31/2008
	Appeal from the Order of October 19, 2007 In the Court of Common Pleas of Erie County, Civil, No. 15086-06
Before: KLEIN, POPOVICH and FITZGERALD*, JJ.
Opinion by: KLEIN, J.Blogger: Pennsylvania Case Law UpdatBlogger: Pennsylvania Case Law Update - Create Poste - Create Post
Concurring Statement by: FITZGERALD, J.
Erie Insurance Exchange (Erie) appeals from a declaratory judgment ordering it to defend and indemnify Mark W. Maier and Emily A. Maier and denying its cross-motion to refuse to order it to defend and indemnify. We reverse both orders and rule that Erie is under no obligation to either defend or indemnify the Maiers.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. NORMAN HUNTER

COMMONWEALTH OF PENNSYLVANIA v. NORMAN HUNTER No. 956 EDA 2005 2008 PA Super 294 Atlantic: 963 A.2d 545 Filed: 12/31/2008
	Appeal from the Judgment of Sentence March 5, 2005 In the Court of Common Pleas of Philadelphia County Criminal Division at No. 04-07-0007
Before: BENDER, DONOHUE and FREEDBERG, JJ.
Opinion by: BENDER, J.
Concurring Opinion by: FREEDBERG, J.
Dissenting Opinion by: DONOHUE, J.
Norman Hunter appeals from the March 5, 2005 judgment of sentence of an aggregate of four to ten years’ imprisonment imposed following his convictions of theft receiving stolen property, burglary, and identity theft. Appellant challenges the denial of his motion to suppress evidence seized during a search of his bedroom, conducted while he was a parole violator. We affirm.

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Superior Court - DAVID T. YATES v. JACKIE YATES

DAVID T. YATES v. JACKIE YATES No. 696 EDA 2007 2008 PA Super 296 Atlantic: 963 A.2d 535 Filed: 12/31/2008
	Appeal from the Order Entered February 15, 2007, in the Court of Common Pleas of Bucks County, Domestic Relations Division, at No. A06-02-63378-C.
Before: BOWES and PANELLA, JJ. and McEWEN, P.J.E.
Opinion by: BOWES, J.
David Yates (“Father”) appeals from the custody order entered on February 15, 2007, wherein the trial court granted shared legal custody of Ashley Yates to Father and Jackie Yates (“Mother”), awarded Father primary physical custody, and appointed a parenting coordinator to help the parties implement the custody order. We affirm in part, vacate in part, and remand with instructions.

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Superior Court - CHARLES LEMENESTREL, GENEVIEVE LEMENESTREL-MANAS AND SUPERIOR GROUP, INC. v. WILLIAM G. WARDEN, III WILLIAM G. WARDEN, IV, WALTER E.

CHARLES LEMENESTREL, GENEVIEVE LEMENESTREL-MANAS AND SUPERIOR GROUP, INC. v. WILLIAM G. WARDEN, III WILLIAM G. WARDEN, IV, WALTER E. BACHMAN, III, LOUIS T. CULLEN, RAYMOND B. LANGTON AND SUPERIOR GROUP, INC. APPEAL OF: CHARLES LEMENESTRELAND GENEVIEVE LEMENESTREL-MANAS No. 3411 EDA 2007 2008 PA Super 295 Atlantic: 964 A.2d 902 Petition for Reargument Denied 3/2/2009 Filed: 12/31/2008
	Appeal from the Order Entered November 9, 2007 In the Court of Common Pleas of Delaware County Civil Division at No. 05-5148
Before: BENDER, DONOHUE and FREEDBERG, JJ.
Opinion by: BENDER, J.
Charles LeMenestrel and Genevieve Lemenestrel-Manas (collectively, the “LeMenestrels”), minority shareholders and siblings, and Superior Group, Inc. (the “Company”), who are the plaintiffs in this case, appeal from the November 9, 2007 order that sustained the preliminary objections of the defendant directors, William G. Warden, III (“Warden III”), William G. Warden, IV (“Warden IV”), Walter E. Bachman, III (“Bachman” or “Bachman III”), Louis T. Cullen (“Cullen”), Raymond B. Langton (“Langton”), and the Company, and dismissed with prejudice the shareholders’ derivative suit filed by the plaintiffs. The Honorable Charles B. Burr, II, who presided over this case, determined that the special litigation committee (the “Committee”) formed by the Company’s board of directors in response to a demand letter from the LeMenestrels (the “Demand Letter”) was disinterested, independent, impartial and adequately informed in reaching its good faith conclusion that it was not in the best interests of the Company to proceed with the LeMenestrels’ shareholders’ derivative suit. In reaching his decision, Judge Burr made extensive findings of fact and relied largely on guidelines for judicial review of the right of a corporation to terminate shareholder derivative litigation as set forth in The American Law Institute’s Principles of Corporate Governance: Analysis and Recommendations (“ALI Principles”), particularly sections 7.07-7.10 and 7.13, as adopted by our Supreme Court in Cuker v. Mikalauskas, 692 A.2d 1042 (Pa. 1997). Essentially, in accordance with our standard of review, we conclude that Judge Burr thoroughly examined the circumstances of this case, his extensive findings of fact are supported by the record, and he did not err or abuse his discretion in determining that the Committee’s decision to seek dismissal of the derivative suit was entitled to protection under the business judgment rule. Accordingly, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CHARLES GERALD SCHWING, III

COMMONWEALTH OF PENNSYLVANIA v. CHARLES GERALD SCHWING, III No. 473 MDA 2007 2008 PA Super 292 Atlantic: 964 A.2d 8 Filed: 12/29/2008
	Appeal from the Judgment of Sentence dated February 21, 2007 In the Court of Common Pleas of York County Criminal No. CP-67-CR-0002486-2006
Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Charles Gerald Schwing, III, appeals from the judgment of sentence entered in the York County Court of Common Pleas, following his convictions for two counts each of involuntary deviate sexual intercourse (IDSI), indecent assault, and corruption of minors. On appeal, Appellant challenges the denial of his motion to suppress his statement to the police. We hold that a custodial interrogation does not occur when an officer advises the defendant before the interview that he is free to leave, the officer permits the defendant to leave the room unescorted to attend to personal matters, and the officer waits until after the defendant’s confession to tell the defendant he is not free to leave. We further hold that Appellant’s subsequent and proper waiver of his rights cured any prior, potential violation. Accordingly, we affirm.

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Superior Court - T.W. PHILLIPS GAS AND OIL CO. AND PC EXPLORATION, INC. v. ANN JEDLICKA

T.W. PHILLIPS GAS AND OIL CO. AND PC EXPLORATION, INC. v. ANN JEDLICKA No. 1918 WDA 2007 2008 PA Super 293 Atlantic: 964 A.2d 13 Filed: 12/29/2008
	Appeal from the Judgment Entered October 19, 2007, Court of Common Pleas, Indiana County, Civil Division, at No. 10362 CD 2005.
Before: FORD ELLIOTT, P.J., ORIE MELVIN and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Ann Jedlicka (“Jedlicka”), defendant in the trial court, appeals from the judgment entered on October 19, 2007, in the Indiana County Court of Common Pleas in favor of T.W. Phillips Gas and Oil Company and PC Exploration, Incorporated, the plaintiffs in the trial court. After careful review of the record and applicable law, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. FLORENCIO ROLAN

COMMONWEALTH OF PENNSYLVANIA v. FLORENCIO ROLAN No. 517 EDA 2007 2008 PA Super 291 Atlantic: 964 A.2d 398 Filed: 12/23/2008
	Appeal from the Judgment of Sentence February 7, 2007 In the Court of Common Pleas of Philadelphia County Criminal No. February Term, 1984; Nos. 2893, 2894,2895 & 2896
Before: FORD ELLIOTT, PJ, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Florencio Rolan, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas after a jury convicted him, for the second time, of first-degree murder and possession of an instrument of crime (PIC). We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MELISSA DEE BAKER

COMMONWEALTH OF PENNSYLVANIA v. MELISSA DEE BAKER No. 1785 EDA 2007 2008 PA Super 288 Atlantic: 963 A.2d 495 Filed: 12/19/2008
	Appeal from the Judgment of Sentence February 20, 2007 In the Court of Common Pleas of Lackawanna County Criminal at No(s): CP-35-CR-0000582-2006
Before: STEVENS, FREEDBERG, and POPOVICH, JJ.
Opinion by: STEVENS, J.
Melissa Baker challenges a February 20, 2007 judgment of sentence entered in the Court of Common Pleas of Lackawanna County. We affirm.

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Superior Court - SARA JANE WEIBLE, EXECUTRIX OF THE ESTATE OF WILLIAM WEIBLE, AND IN HER OWN RIGHT v. ALLIED SIGNAL, INC., AMCHEM PRODUCTS, INC., AMER

SARA JANE WEIBLE, EXECUTRIX OF THE ESTATE OF WILLIAM WEIBLE, AND IN HER OWN RIGHT v. ALLIED SIGNAL, INC., AMCHEM PRODUCTS, INC., AMERICAN STANDARD, A.O. SMITH CORP., ASBESTOS CORP., LTD., ASTEN GROUP, INC., A.W. CHESTERTON INC., BELL ASBESTOS MINES, INC., BENJAMIN FOSTER, CO., BONDEX INTERNATIONAL, INC., BRAND INSULATIONS, INC., BROUDY SUPPLY CO., CERTAINTEED CORP., INC., CRANE PACKING, CROWN CORK & SEAL CO., INC., DRESSER INDUSTRIES, INC., FOSTER WHEELER CORP., INC., GARLOCK, INC., GENERAL ELECTRIC CO., GEORGIA-PACIFIC CORP., GOULDS PUMPS, INC., GREEN TWEED & CO., INC., HAJOCA PLUMBING CO., J.H. FRANCE REFRACTORIES CO., MELRATH GASKET HOLDING CO., INC., METROPOLITAN LIFE INSURANCE CO., NOSROC CORP., OWENS-ILLINOIS, INC., PARS MANUFACTURING CO., PECORA CORP., RAPID AMERICAN CORP., RILEY STOKER CORP., BEVCO INDUSTRIES, ROCKBESTOS CO., SID HARVEY MID ATLANTIC, INC., UNION CARBIDE CORP., WEIL MCLAIN CO., WEINSTEIN SUPPLY CO., WESTINGHOUSE ELECTRIC CORP., BELL & GOSSETT PUMP CO., BNS CO., BURNHAN HOLDINGS, CARRIER CORP., CRANE CO., CROUSE-HINDS, DURABLA, HERCULES CHEMICAL CO., KIMBERLY-CLARK CORP., WALTER B. GALLAGHER CO., ATCO, BORG-WARNER CORP., COLUMBIA BOILER CO., CHRYSLER CORP., FORD MOTOR CO., GENERAL MOTORS CORP., INGERSOLL RAND, JOHN CRANE, INC., MAREMONT CORP., PA BRAKE BONDING, PNEUMO ABEX CORP., UNITED GILSONITE LABORATORIES, INDUSTRIAL PETROLIC CORP., BBC BROWN BOVERI, BRAKE & CLUTCH CO. OF PHILADELPHIA, CARLISLE CORP., DAVIS BRAKE & EQUIPMENT CORP., MCARDLE DESCO CORP., MCCORD GASKET CO., RHEEM MANUFACTURING CO., ROCKWELL INTERNATIONAL, RUUD CORP., SMS AUTOMOTIVE PRODUCTS, SOS PRODUCTS CO., VELLUMOID INC., DEACON INDUSTRIAL SUPPLY COMPANY, CUTLER-HAMMER CO., WESTINGHOUSE AIR BRAKE CO., GOODYEAR TIRE & RUBBER CO., GOODYEAR CANADA, INC., CHESTER AUTO PARTS No. 2802 EDA 2007 2008 PA Super 290 Atlantic: 963 A.2d 521 Filed: 12/19/2008
	Appeal from the Judgment Entered July 16, 2007, In the Court of Common Pleas of Philadelphia County, Civil at No. July Term, 2005, No. 3073
Before: BENDER, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this asbestos personal injury action, Appellant Sara Jane Weible, individually and as executrix of the estate of her late husband William Weible, appeals from orders granting summary judgment in favor of Borg-Warner Corporation (“Borg-Warner”), Brake & Clutch Company of Philadelphia (“B&C”), Carlisle Companies Incorporated (“Carlisle”), and McCord Corporation (“McCord”). William Weible was employed as a residential boiler installer for Philadelphia Electric Company, now known as PECO, and spent time in the presence of automobile mechanics at the PECO garage facility in Morton, Pennsylvania. The mechanics performed automobile maintenance and repairs, including daily brake and clutch work, and less frequent gasket work, with asbestos-containing brakes, clutches, and gaskets. We conclude that there is sufficient record evidence against Borg-Warner, B&C, and Carlisle to withstand summary judgment. Accordingly, we reverse and remand as to Borg-Warner, B&C, and Carlisle. We conclude that the trial court correctly entered summary judgment in favor of McCord and we affirm the grant of summary judgment as to McCord.

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Superior Court - THERESA WRIGHT, EXECUTRIX OF THE ESTATE OF RAYMOND WRIGHT AND IN HER OWN RIGHT v. ALLIED SIGNAL, INC., ASTEN GROUP, INC., A.W. CHESTE

THERESA WRIGHT, EXECUTRIX OF THE ESTATE OF RAYMOND WRIGHT AND IN HER OWN RIGHT v. ALLIED SIGNAL, INC., ASTEN GROUP, INC., A.W. CHESTERTON INC., BORG-WARNER CORP., CERTAIN-TEED CORP., CHRYSLER CORP., CRANE CO., CRANE PACKING, CROWN CORK & SEAL CO., INC., FORD MOTOR CO., FOSTER WHEELER CORP., GARLOCK, INC., GENERAL ELECTRIC CO., GENERAL MOTORS CORP., GOULDS PUMPS, INC., GREEN TWEED & CO., INC., HOPEMAN BROTHERS, INC., METROPOLITAN LIFE INSURANCE CO., NOSROC CORP., OWENS-ILLINOIS, INC., PARS MANUFACTURING CO., PECORA CORP., PEP BOYS, RAPID AMERICAN CORP., RILEY STOKER CORP., SELBY BATTERSBY, UNION CARBIDE CORP., WESTINGHOUSE ELECTRIC CORP., WEIL MCLAIN CO. No. 2805 EDA 2007 2008 PA Super 289 Atlantic: 963 A.2d 511 Filed: 12/19/2008
	Appeal from the Judgment Entered July 16, 2007, In the Court of Common Pleas of Philadelphia County, Civil at No. January Term 2005, No. 2763
Before: BENDER, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this asbestos personal injury action, Appellant Theresa Wright, individually and as executrix of the estate of her late husband Raymond Wright, appeals from an order granting summary judgment in favor of Asten Johnson, Inc., successor to Asten Group, Inc. (“Asten”). Raymond Wright was employed as an electronic engineer with Scott Paper and on occasion worked in the paper manufacturing plant in Chester, Pennsylvania. Asten manufactured asbestos-containing dryer felts used in the paper manufacturing process. We conclude that there is sufficient record evidence to withstand summary judgment. Accordingly, we reverse and remand.

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Superior Court - JERRY FRANCESCO, ASSIGNEE OF PENTECH INFUSIONS, INC v. GROUP HEALTH INCORPORATED, A/K/A AND/OR D/B/A GHI

JERRY FRANCESCO, ASSIGNEE OF PENTECH INFUSIONS, INC v. GROUP HEALTH INCORPORATED, A/K/A AND/OR D/B/A GHI No. 79 EDA 2008 2008 PA Super 287 Atlantic: 964 A.2d 897 Filed: 12/18/2008
	Appeal from the Order entered on December 12, 2007, in the Court of Common Pleas of Delaware County, Civil Division, at No(s). 06-52377
Before: LALLY-GREEN, KLEIN, and GANTMAN, JJ
Opinion by: LALLY-GREEN, J.
Appellant, Jerry Francesco, as assignee of PenTech Infusions, Inc. (“PenTech”), appeals from the trial court’s December 12, 2007 order sustaining the preliminary objections of Appellee, Group Health Incorporated (GHI) and dismissing Appellant’s complaint. We vacate and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. C.L., A MINOR

COMMONWEALTH OF PENNSYLVANIA v. C.L., A MINOR No. 1693 MDA 2007 2008 PA Super 286 Atlantic: 963 A.2d 489 Filed: 12/17/2008
	Appeal from the Order entered September 17, 2007 In the Court of Common Pleas of Bradford County Civil No. 07IR000474
Before: GANTMAN, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, C.L., a minor, appeals from the order entered in the Court of Common Pleas of Bradford County denying his petition for waiver of Victims of Juvenile Offenders (VOJO) fee. We vacate the order, finding that the trial court does not have statutory authority to impose fees on juveniles who are accused of delinquency, maintain their innocence, reject informal resolution, and are ultimately not adjudicated delinquent.

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Superior Court - DONNA BEDNAR, ADMX. OF THE ESTATE OF JAMES BEDNAR, AND WIDOW IN HER OWN RIGHT v. DANA CORPORATION

DONNA BEDNAR, ADMX. OF THE ESTATE OF JAMES BEDNAR, AND WIDOW IN HER OWN RIGHT v. DANA CORPORATION No. 3503 EDA 2005 2008 PA Super 283 Atlantic: 962 A.2d 1232 Filed: 12/16/2008
	Appeal from the Judgment Entered February 8, 2006, In the Court of Common Pleas of Philadelphia County, Civil at No. January Term, 2004, No. 2988
Before: BENDER, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this asbestos personal injury action, Appellant Donna Bednar, individually and as administratrix of the estate of her late husband James R. Bednar, appeals from judgment entered following a verdict in favor of Dana Corporation. We reverse and remand for a new trial.

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Superior Court - TRACY THOMPSON, for Self and Minor Children v. THOMAS N. THOMPSON, II

TRACY THOMPSON, for Self and Minor Children v. THOMAS N. THOMPSON, II No. 123 EDA 2008 2008 PA Super 285 Atlantic: 963 A.2d 474 Filed: 12/16/2008
	Appeal from the Order entered December 20, 2007, Court of Common Pleas, Delaware County, Civil Division at No. 07-14270
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: DONOHUE, J.
Thomas N. Thompson (“Father”) appeals from the entry of an order of court pursuant to the Protection from Abuse Act, 23 Pa.C.S.A. § 6101, et seq. (“PFA Act”). We affirm.

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Superior Court - SHARON C. WILSON v. TERRI LEVINE, THE COACHING INSTITUTE AND COMPREHENSIVE COACHING U, INC.

SHARON C. WILSON v. TERRI LEVINE, THE COACHING INSTITUTE AND COMPREHENSIVE COACHING U, INC. No. 2943 EDA 2007 2008 PA Super 284 Atlantic: 963 A.2d 479 Filed: 12/16/2008
	Appeal from the Order entered on October 12, 2007, in the Court of Common Pleas of Butler County, Civil Division, at No(s). A.D. No. 2006-10892.
Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, Sharon C. Wilson (“Wilson”), appeals from the order entered on October 12, 2007, granting the petition and preliminary objections filed by the Appellees, Terri Levine, The Coaching Institute, and Comprehensive Coaching U, Inc. The order transferred venue from Butler County to Montgomery County. The order also sustained Appellees’ preliminary objections to Wilson’s amended complaint, and allowed her 20 days within which to file a second amended complaint. For the reasons that follow, we affirm in part, vacate in part, and remand.

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Superior Court - EMPLOYERS MUTUAL CASUALTY CO. v. BOILER ERECTION AND REPAIR CO., INC., KENNETH KLINGER AND KENNETH KERR KENNETH R. KERR v. BOILER ERE

EMPLOYERS MUTUAL CASUALTY CO. v. BOILER ERECTION AND REPAIR CO., INC., KENNETH KLINGER AND KENNETH KERR KENNETH R. KERR v. BOILER ERECTION AND REPAIR COMPANY, INC. AND KENNETH JAMES KLINGER No. 2328 EDA 2005 and 1582 EDA 2007 2008 PA Super 280 Atlantic: 964 A..2d 381 Petition for Reargument Denied 2/17/2009 Filed: 12/12/2008
	Appeal from the Orders Entered July 28, 2005 and May 30, 2007, in the Court of Common Pleas of Montgomery County Civil Division at No. 03-21988 and August Term, 2003, No. 2422
Before: FORD ELLIOTT, P.J., ALLEN AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
These consolidated appeals stem from a single-vehicle accident that occurred on August 30, 2001, on Interstate 95 outside of Baltimore, Maryland. Kenneth James Klinger (“Klinger”) was the driver of the vehicle, a pick-up truck owned by Boiler Erection and Repair Co., Inc. (“Boiler Erection”). Both Klinger and Kenneth R. Kerr (“Kerr”), the passenger, were employees of Boiler Erection and sustained serious injuries as a result of the accident. At the time of the accident, Klinger and Kerr were returning to Pennsylvania from a job in Baltimore. Before leaving Baltimore, they had stopped at a seafood restaurant for dinner where both consumed alcoholic beverages.

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Superior Court - MELISSA L. PLUNKARD v. JOHN L. McCONNELL

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MELISSA L. PLUNKARD v. JOHN L. McCONNELL No. 538 WDA 2008 2008 PA Super 282 Atlantic: 962 A.2d 1227 Filed: 12/12/2008
	Appeal from the Order February 19, 2008, In the Court of Common Pleas of Butler County, Domestic Relations Division at No. 25086.
Before: KLEIN, POPOVICH and FITZGERALD, JJ.
Opinion by: POPOVICH, J.
Melissa L. Plunkard (Mother) appeals the order entered on February 19, 2008, in the Court of Common Pleas of Butler County, that granted the petition of John L. McConnell (Father) to terminate his support obligation for their minor child (Child), pursuant to Pa.R.C.P. 1910.19(f). Upon review, we reverse in part and reman

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Superior Court - FRANK R. ZOKAITES v. PITTSBURGH IRISH PUBS, LLC AND COLM McWILLIAMS

FRANK R. ZOKAITES v. PITTSBURGH IRISH PUBS, LLC AND COLM McWILLIAMS No. 446 WDA 2008 2008 PA Super 281 Atlantic: 962 A.2d 1220 Filed: 12/11/2008
	Appeal from the Order February 13, 2008, In the Court of Common Pleas of Allegheny County, Civil Division at No. GD 05-030435.
Before: KLEIN, POPOVICH and FITZGERALD, JJ.
Opinion by: POPOVICH, J.
Appellant Frank R. Zokaites appeals the order denying his Motion to Compel Member Interest to Sheriff as Trustee for Sale to Satisfy Judgment (Motion to Compel), which judgment was entered against Appellees Pittsburgh Irish Pubs, LLC and Colm McWilliams. We affirm.

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Superior ciurt - COMMONWEALTH OF PENNSYLVANIA v. JAY MICHAEL BOYER, JR.

COMMONWEALTH OF PENNSYLVANIA v. JAY MICHAEL BOYER, JR. No. 523 MDA 2008 2008 PA Super 279 Atlantic: 962 A.2d 1213 Filed: 12/10/2008
	Appeal from the PCRA Order of March 7, 2008, in the Court of Common Pleas of Union County, Criminal Division at No. CP-60-CR-0000027-2002
Before: ORIE MELVIN, SHOGAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is an appeal from the order denying Appellant’s petition under the Post Conviction Relief Act (“PCRA”). Appellant claims the PCRA court erred in not finding his trial counsel ineffective in the following ways: (1) by not objecting when the Commonwealth introduced the guilty plea of one of Appellant’s codefendants and by not requesting an instruction that the jury could not find Appellant guilty merely because of his codefendant’s plea; (2) by not litigating the issue of a Miranda violation with respect to Appellant’s confession; (3) by not requesting an instruction that the jurors could not consider Appellant’s confession as evidence unless they determined it was voluntary; (4) by not requesting an instruction that the jury should view Appellant’s confession with caution.

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Superior Court - U.S. BANK NATIONAL ASSOCIATION v. VICTORIA PARKER No. 816 EDA 2008 2008 PA Super 278 Atlantic: 962 A.2d 1210 Filed: 12/8/2008

U.S. BANK NATIONAL ASSOCIATION v. VICTORIA PARKER No. 816 EDA 2008 2008 PA Super 278 Atlantic: 962 A.2d 1210 Filed: 12/8/2008
	Appeal from the Order of February 1, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division at No. 004048 October Term, 2005
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from an order denying Appellant’s “Petition for Redemption of Real Property.” We affirm. The trial court summarized this matter in the following manner: [Appellant] was the owner of 4641 North Marvine Street, Philadelphia, PA 19140. This property was sold at a tax sale on December 28, 2006, and the terms of the sale were thereafter complied with and the sheriff’s deed was acknowledged on March 19, 2007. At the sale, the property was purchased by a third party for approximately $34,000. [Appellant] now seeks to redeem the property and filed this motion to redeem premises on December 24, 2007. [Appellee] does not contest redemption so long as [Appellant] has complied with the statutory requirements, but argues that [Appellant’s] motion was not timely filed. Upon payment of all the necessary costs and fees, the owner of any property sold under tax or municipal claim may redeem the property at anytime within nine months of acknowledgement of the sheriff’s deed. 53 Pa.Cons.Stat. § 7293(a) (2006). [Appellant] filed this motion on December 24, 2007. The sheriff’s deed was acknowledged on March 19, 2007. See Ex. D at [Appellee’s]Responsive Pleading. Therefore, this motion to redeem premises is untimely and is denied. Trial Court Opinion, 3/19/08 (emphasis in original). This timely appeal followed.

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Superior Court - JOHN Y. GEROW, III v. CLARINDA M. GEROW

JOHN Y. GEROW, III v. CLARINDA M. GEROW No. 91 MDA 2008 2008 PA Super 277 Atlantic: 962 A.2d 1206 Filed: 12/4/2008
	Appeal from the Order entered December 6, 2007, in the Court Of Common Pleas of Berks County, Civil No(s): 01-12822 # 1
Before: LALLY-GREEN, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Amy Hutchinson (“Appellant”) as executrix of the estate of John Y. Gerow, III (“Husband”) appeals the trial court’s December 6, 2007 order denying Appellant’s motion to substitute personal representative and determine economic rights pursuant to the Divorce Code at 23 Pa.C.S.A. § 3323(d)(1).

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. TANYA LEA WILLIAMSON

COMMONWEALTH OF PENNSYLVANIA v. TANYA LEA WILLIAMSON No. 138 WDA 2008 2008 PA Super 276 Atlantic: 962 A.2d 1200 Filed: 12/2/2008
	Appeal from the Order entered November 28, 2007 In the Court of Common Pleas of Fayette County, Criminal, No. 733 of 2007
Before: MUSMANNO, ORIE MELVIN and KLEIN, JJ.
Opinion by: KLEIN, J.
The Commonwealth appeals from the trial court’s order granting Defendant Tanya Lea Williamson’s motion to suppress the results of a urine laboratory test which positively indicated the presence of benzodiazepines in her blood. We find the test admissible and, therefore, reverse and remand for trial.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CARL W. SPRINGER

COMMONWEALTH OF PENNSYLVANIA v. CARL W. SPRINGER No. 341 WDA 2008 2008 PA Super 275 Atlantic: 961 A.2d 1262 Filed: 12/1/2008
	Appeal from the Order December 10, 2007, In the Court of Common Pleas of Westmoreland County Criminal Division at No. CP-65-CR-0000982-2003
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Carl W. Springer appeals the order denying his Post Conviction Relief Act (PCRA) petition claiming that the sentence imposed was illegal; and counsel was ineffective for permitting him to plead guilty. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP

COMMONWEALTH OF PENNSYLVANIA v. KENNEDY DECATRICK KEMP No. 1607 WDA 2006 2008 PA Super 274 Atlantic: 961 A.2d 1247 Filed: 11/26/2008
	Appeal from the Judgment of Sentence of July 25, 2006, in the Court of Common Pleas of Somerset County, Criminal Division, at No. CP-56-CR-0000313-2005.
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD, BOWES, GANTMAN, McCAFFERYand DANIELS, JJ.
Opinion by: BOWES, J.
Concurring Statement by: ORIE MELVIN, J.
Kennedy Decatrick Kemp appeals from the July 25, 2006 judgment of sentence of six to twenty-three months imprisonment followed by two years probation that was imposed after he was convicted at a nonjury trial of possession of a controlled substance, possession of a controlled substance with intent to deliver, and conspiracy. Appellant challenges the constitutionality of the police interdiction that resulted in the seizure of the controlled substance, marijuana. We conclude that Appellant was subjected to a detention that was supported by the existence of reasonable suspicion that he was in possession of a controlled substance. We also conclude that the consent to search the vehicle in question was not constitutionally infirm. Hence, we affirm.

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Superior Court - IN RE: THE ESTATE OF TAMARA BOUKS, DECEASED APPEAL OF: OLEG BOUKS

IN RE: THE ESTATE OF TAMARA BOUKS, DECEASED APPEAL OF: OLEG BOUKS No. 2653 EDA 2007 2008 PA Super 273 Atlantic: 964 A.2d 4 Petition for Reargument Denied 2/12/2009 Filed: 11/26/2008
	Appeal from the Order Dated September 11, 2007, in the Court of Common Pleas of Philadelphia County, Orphans’ Court Division, at No. 1731 DE of 2003.
Before: BOWES and PANELLA, JJ. and McEWEN, P.J.E.
Opinion by: BOWES, J.
Dissenting Statement Opinion by: McEWEN, P.J.E.
Oleg Bouks appeals an award of rental against him and in favor of the Estate of Tamara Bouks, deceased. The issue we address is whether an estate beneficiary who is residing with the decedent at the time of death may continue to live on the estate’s real property four years without paying rent when that beneficiary is responsible for the delay in the disposition of the real estate. We answer that question in the negative and affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALLEN TEETER

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALLEN TEETER No. 2005 WDA 2005 2008 PA Super 272 Atlantic: 961 A.2d 890 Filed: 11/18/2008
	Appeal from the Judgment of Sentence August 1, 2005 In the Court of Common Pleas of Bedford County Criminal at No(s): 430 for 2004
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.
Opinion by: STEVENS, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Defendant Jeffery Teeter appeals from the judgment of sentence entered after a jury convicted him of possession with intent to deliver cocaine (“PWID”), criminal use of a communication facility, possession of a controlled substance, corruption of minors, and possession of drug paraphernalia, charges stemming from his intended sale of drugs at the residential driveway of a 17-year-old buyer. Sentenced to not less than three years or more than six years’ incarceration on PWID, Teeter first claims the trial court erred in imposing an additional two year mandatory sentence under 18 Pa.C.S.A. § 6314(b)(4), a sentencing enhancement for selling drugs within 500 feet of a school bus stop. His second claim challenges the denial of his pretrial motion to suppress evidence obtained from a vehicle search he contends was performed without either probable cause or his voluntary consent. We affirm.

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Superior Court - BRETHREN MUTUAL INSURANCE COMPANY v. CYNTHIA McKERNAN f/k/a CYNTHIA STROBRIDGE; PAMELA GARDNER and WANDA COOLEY, as Co-Administratrix

BRETHREN MUTUAL INSURANCE COMPANY v. CYNTHIA McKERNAN f/k/a CYNTHIA STROBRIDGE; PAMELA GARDNER and WANDA COOLEY, as Co-Administratrixes of the Estate of Joseph M. Gardner, deceased; PAMELA GARDNER and WANDA COOLEY, as Co-guardians of the Estate of Morgan Joseph Gardner, A Minor, and PAMELA GARDNER And WANDA COOLEY, as Co-Guardians of the Estate of Erica Elaine Gardner, a Minor No. 895 MDA 2005 2008 PA Super 270 Atlantic: 961 A.2d 205 Filed: 11/18/2008
	Appeal from the Order Entered May 5, 2005 In the Court of Common Pleas of BRADFORD County Civil at No: 02CV000094
Before: FORD ELLIOTT, PJ, MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: PANELLA, J.
Appellant, Cynthia McKernan, appeals from the order entered on May 5, 2005, in the Court of Common Pleas of Bradford County, which granted the Motion for Summary Judgment of Appellee, Brethren Mutual Insurance Company. In granting summary judgment, the trial court, in a decisive memorandum, held that Pennsylvania public policy prohibits insurance coverage for an order of restitution imposed pursuant to a criminal conviction. After a careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DAVID A. AHMAD

COMMONWEALTH OF PENNSYLVANIA v. DAVID A. AHMAD No. 2888 EDA 2007 2008 PA Super 271 Atlantic: 961 A.2d 884 Filed: 11/18/2008
	Appeal from the Judgment of Sentence entered October 5, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0407521-2005
Before: PANELLA, DONOHUE, and COLVILLE?, JJ
Opinion by: PANELLA, J.
Appellant, David Ahmad, appeals from the judgment of sentence entered on October 5, 2007, by the Honorable Pamela Pryor Dembe, Court of Common Pleas of Philadelphia County. After careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JAMAR JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. JAMAR JOHNSON No. 2389 EDA 2007 2008 PA Super 269 Atlantic: 961 A.2d 877 Filed: 11/17/2008
	Appeal from the Judgment of Sentence Entered July 10, 2007, Court of Common Pleas, Delaware County, Criminal Division, at No. CP-23-CR-0000735-2003.
Before: LALLY-GREEN, SHOGAN and HUDOCK, JJ.
Opinion by: SHOGAN, J.
Appellant, Jamar Johnson, appeals from the judgment of sentence entered following his conviction of multiple offenses related to the shooting of Shante Powell, an eyewitness to a double murder. We affirm.

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Superior Court - NICHOLAS CAVE v. WAMPLER FOODS, INC., PILGRIM'S PRIDE CORPORATION OF VIRGINIA, INC.

NICHOLAS CAVE v. WAMPLER FOODS, INC., PILGRIM'S PRIDE CORPORATION OF VIRGINIA, INC. No. 1277 MDA 2007 2008 PA Super 267 Atlantic: 961 A.2d 864 Petition for Reargument Denied 12/22/2008 Filed: 11/12/2008
	Appeal from the Judgment entered on August 21, 2007, in the Court of Common Pleas of Luzerne County, at Civil Division, at No. 4440-C-2001
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: LALLY-GREEN, J.
Dissenting Opinion Opinion by: COLVILLE, J.
Appellants, Wampler Foods, Inc. and Pilgrim’s Pride Corporation of Virginia, Inc., appeal from the judgment of August 21, 2007. We vacate and remand for a new trial.

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Superior Court - JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, the CHESTER COUNTY HOSPITAL FOUNDATION, INC., MAHEEP GOYAL, M. D., EAST MARSHAL

JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, the CHESTER COUNTY HOSPITAL FOUNDATION, INC., MAHEEP GOYAL, M. D., EAST MARSHALL STREET RADIOLOGY and the UNIVERSITY of PENNSYLVANIA d/b/a THE UNIVERSITY of PENNSYLVANIA HEALTH SYSTEM a/k/a THE CLINICAL PRACTICES of the UNIVERSITY OF PENNSYLVANIA a/k/a HOSPITAL of the UNIVERSITY of PENNSYLVANIA: THE TRUSTEES of the UNIVERSITY OF PENNSYLVANIA No. 773 EDA 206, 1191 EDA 2007 2008 PA Super 268 Atlantic: 961 A.2d 192 Petition for Reargument Denied 12/2/2008 Filed: 11/12/2008
	Appeal from the Order Entered March 15, 2006 and April 19, 2007 In the Court of Common Pleas of CHESTER County Civil at No(s): 05-05122
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD?, BENDER, GANTMAN AND PANELLA JJ.
Opinion by: PANELLA, J.
Concurring and Dissenting Opinion Opinion by: ORIE MELVIN, J.
On March 3, 2003, Jeanelle Toney, then several months pregnant, had a pelvic ultrasound examination performed by Maheep Goyal, M.D., of the Chester County Hospital Department of Radiology. Dr. Goyal informed Toney that the results of the pelvic ultrasound were normal and did not reveal any fetal abnormalities in her unborn child. To her comfort, Toney was advised that her unborn child was normal and healthy.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL J. SHELLER

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL J. SHELLER No. 379 EDA 2008 2008 PA Super 265 Atlantic: 961 A.2d 187 Filed: 11/10/2008
	Appeal from Judgment of Sentence entered November 30, 2007, in the Court of Common Pleas of Chester County, No. CP-15-CR-0001320-2006
Before: BENDER, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
This matter is before the Court on Michael J. Sheller’s appeal from judgment of sentence of the Court of Common Pleas of Chester County. On September 18, 2007, following a jury trial, Appellant was convicted of voluntary manslaughter, 18 Pa.C.S.A. § 2503(a)(1), for the shooting death of his wife, Christine Love-Sheller. On November 30, 2007, he was sentenced to eight to twenty years imprisonment. Appellant challenges the discretionary aspects of his sentence. After review, we affirm.

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Superior Court - ESTATE OF PHYLLIS ANN VERNUM BY BRIAN J. PRATT, EXECUTOR v. ESTATE OF RICHARD E. VERNUM BY HEIDI J. WENMOTH, FORMERLY HEIDI J. HULSIZ

ESTATE OF PHYLLIS ANN VERNUM BY BRIAN J. PRATT, EXECUTOR v. ESTATE OF RICHARD E. VERNUM BY HEIDI J. WENMOTH, FORMERLY HEIDI J. HULSIZER AND HEATHER SCHRUG, CO-EXECUTRICES No. 214 WDA 2008 2008 PA Super 266 Atlantic: 961 A.2d 176 Filed: 11/6/2008
	Appeal from the Order entered September 21, 2007 in the Court of Common Pleas of Venango County, Orphans Court, at No. O.C. 2006-00146.
Before: ORIE MELVIN, J., MCEWEN, P.J.E. AND HUDOCK, J.
Opinion by: ORIE MELVIN, J.
¶ 1 Appellants, Heidi J. Wenmoth, formerly Heidi J. Hulsizer, and Heather Schrug, Co-Executrices of the Estate of Richard E. Vernum, appeal from the September 21, 2007 order finding that the Slayer’s Act controls the disposition of property held by Phyllis Ann Vernum and Richard E. Vernum, as tenants by the entireties, and any and all property which could have passed to Richard E. Vernum as a result of the death of Phyllis Ann Vernum. After careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT EDWARD LEBARRE

COMMONWEALTH OF PENNSYLVANIA v. ROBERT EDWARD LEBARRE No. 2452 EDA 2007 2008 PA Super 264 Atlantic: 961 A.2d 176 Filed: 11/6/2008
	Appeal from the Judgment of Sentence April 17, 2007 In the Court of Common Pleas of Lehigh County Criminal No. CP-39-CR-0003312-2006
Before: FORD ELLIOTT, PJ, ALLEN and KELLY, JJ.
Opinion by: KELLY, J.
This appeal is from the judgment of sentence entered in the Lehigh County Court of Common Pleas following Appellant’s guilty plea to charges of homicide by vehicle while driving under the influence, homicide by vehicle, driving under the influence of alcohol, and recklessly endangering another person. Appellant contends that the trial court, pursuant to 18 Pa.C.S.A § 1106, may not award restitution to the estate of a decedent/victim for amounts owed by the estate as reimbursement to the Department of Public Welfare. Because the estate stands in the shoes of the victim in such cases, we find that the award of restitution to the estate is permitted by the statute. Accordingly, we affirm.

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Superior Court - IN THE INTEREST OF: C.A., A MINOR CHILD, APPEAL OF: C.A., A MINOR

IN THE INTEREST OF: C.A., A MINOR CHILD, APPEAL OF: C.A., A MINOR No. 1673 MDA 2007 2008 PA Super 263 Atlantic: 961 A.2d 172 Filed: 11/3/2008
	Appeal from the Order dated August 28, 2007, in the Court of Common Pleas of Lancaster County, Juvenile Division, at No(s). J 510 of 2004
Before: LALLY-GREEN, FREEDBERG, and FITZGERALD*, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, C.A., appeals from the order dated August 28, 2007, committing him to the Pennsylvania Sexual Responsibility and Treatment Program at Torrance State Hospital pursuant to 42 Pa.C.S.A. § 6401 et seq. (“Act 21”). We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JAMES ISIN LAWRENCE

COMMONWEALTH OF PENNSYLVANIA v. JAMES ISIN LAWRENCE No. 1257 WDA 2007 2008 PA Super 262 Atlantic: 960 A.2d 473 Filed: 10/31/2008
	Appeal from the PCRA Order entered July 2, 2007 In the Court of Common Pleas of Allegheny County Criminal at No(s): CP-02-CR-0013368-1999
Before: PANELLA, KELLY and COLVILLE?, JJ.
Opinion by: PANELLA, J.
Concurring Opinion by: COLVILLE, J.
Appellant, James Lawrence, appeals from the order entered on July 2, 2007, by the Honorable David R. Cashman, Court of Common Pleas of Allegheny County, which dismissed his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). After careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. SHAWN JONES

COMMONWEALTH OF PENNSYLVANIA v. SHAWN JONES No. 457 MDA 2008 2008 PA Super 261 Atlantic: 960 A.2d 481 Filed: 10/31/2008
	Appeal from the Order entered February 8, 2008, in the Court of Common Pleas of York County, Criminal, at Nos. CP-67-CR-0004859-2006 & CP-67-CR-0007700-2006.
Before: ALLEN, CLELAND and FITZGERALD, JJ.
Opinion by: ALLEN, J.
Shawn Jones (“Appellant”) appeals from the order of the PCRA court denying his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”). 42 Pa.C.S.A. §§ 9541-9546. We remand with instructions.

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Superior Court - DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w

DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w No. 553 EDA 2008 2008 PA Super 259 Atlantic: 961 A.2d 862 Petition for Reargument Denied 12/23/2008 Filed: 10/30/2008
	Appeal from the Judgment of January 29, 2008, in the Court of Common Pleas of Delaware County, Civil Division at No. 05-51891
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Donald and Linda Tulloch (“the Tullochs”) appeal the judgment entered in favor of Donald Weiss & Associates, P.C. (“Weiss”) in mortgage foreclosure. The issues are: (1) whether the trial court erred by not finding the mortgage held by Weiss to be illegal and thus unenforceable against the Tullochs and (2) whether the trial court erred by failing to find that the debt underlying the mortgage in question had been paid. We vacate and remand.

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Superior Court - OLYMPUS CORPORATION AND KEYMED (MEDICAL & INDUSTRIAL EQUPMENT) LTD., v. JEROME CANADY

OLYMPUS CORPORATION AND KEYMED (MEDICAL & INDUSTRIAL EQUPMENT) LTD., v. JEROME CANADY No. 2033 WDA 2007 and 2627 EDA 2007 2008 PA Super 258 Atlantic: 962 A.2d 671 Filed: 10/30/2008
	Appeal from the Orders entered October 17, 2007 ad August 21, 2007 In the Court of Common Pleas of Philadelphia County Civil, GD No. GD07-008748 and April Term, 2007, No. 3036 In the Court of Common Pleas of Allegheny County Civil, No. GD07-008748
Before: BOWES, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Jerome Canady, appeals from the orders entered in the Allegheny and Philadelphia County Courts of Common Pleas, denying his petitions to open and/or strike the foreign judgment. Appellant asks us to determine whether the judgment, which included an award of legal fees to Appellees under the English Rule, is enforceable under Pennsylvania’s Uniform Foreign Money Judgment Recognition Act (“UFMJRA”). We hold the judgment against Appellant that included an award of legal fees to Appellees under the English Rule is enforceable under Pennsylvania’s UFMJRA. Accordingly, we affirm the orders entered in the Allegheny and Philadelphia County Courts of Common Pleas, denying Appellant’s petitions to open and/or strike the foreign judgment.

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Superior Court - IN RE: ESTATE OF THOMAS P. ALLEN, Deceased APPEAL OF: ELEANOR J. KIM,Executrix

IN RE: ESTATE OF THOMAS P. ALLEN, Deceased APPEAL OF: ELEANOR J. KIM,Executrix No. 1714 WDA 2007 2008 PA Super 260 Atlantic: 960 A.2d 470 Filed: 10/30/2008
	Appeal from the Order of April 4, 2007, in the Court of Common Pleas of Allegheny County, Orphans' Court Division at No. 4384 of 2005
Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This appeal by Eleanor J. Kim (“the Executrix”) arises from the order directing her to reimburse the Estate of Thomas P. Allen (“the Estate”) for taxes paid from the residue of the Estate on non-probate assets that became her property on the death of Thomas P. Allen (“the Decedent”). We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS No. 2964 EDA 2006 2008 PA Super 257 Atlantic: 959 A.2d 1272 Filed: 10/29/2008
	Appeal from the PCRA Order entered October 17, 2006, Court of Common Pleas, Delaware County, Criminal Division at Nos. CP-23-CR-0000937-2002 & CP-23-CR-0004572-2001
Before: STEVENS, DONOHUE and FITZGERALD*, JJ.
Opinion by: DONOHUE, J.
Lucillious Williams appeals from the order entered by the Court of Common Pleas of Delaware County, which denied his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. Upon our review of the record, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS No. 2964 EDA 2006 2008 PA Super 257 Atlantic: 959 A.2d 1272 Filed: 10/29/2008
	Appeal from the PCRA Order entered October 17, 2006, Court of Common Pleas, Delaware County, Criminal Division at Nos. CP-23-CR-0000937-2002 & CP-23-CR-0004572-2001
Before: STEVENS, DONOHUE and FITZGERALD*, JJ.
Opinion by: DONOHUE, J.
Lucillious Williams appeals from the order entered by the Court of Common Pleas of Delaware County, which denied his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. Upon our review of the record, we affirm.

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Superior Court - CORNERSTONE LAND DEVELOPMENT COMPANY OF PITTSBURGH LLC v. WADWELL GROUP, A PENNSYLVANIA PARTNERSHIP AND MARSHALL TOWNSHIP MUNICIPAL S

CORNERSTONE LAND DEVELOPMENT COMPANY OF PITTSBURGH LLC v. WADWELL GROUP, A PENNSYLVANIA PARTNERSHIP AND MARSHALL TOWNSHIP MUNICIPAL SANITARY AUTHORITY No. 1251 and 1254 WDA 2007 2008 PA Super 256 Atlantic: 959 A.2d 1264 Filed: 10/28/2008
	Appeal from the Order entered in the Court of Common Pleas of Allegheny County, Civil Division, No(s): GD 07-6631
Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ.
Opinion by: TAMILIA, J.
Cornerstone Land Development Company of Pittsburgh (Cornerstone) appeals the June 12, 2007, Orders striking its mechanics’ lien claim and sustaining appellees’ respective preliminary objections in the nature of demurrers. We sua sponte consolidated the appeals.

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Superior Court - PATRICIA BUCHHALTER v. STEVEN BUCHHALTER

PATRICIA BUCHHALTER v. STEVEN BUCHHALTER No. 3021 EDA 2007 2008 PA Super 255 Atlantic: 959 A.2d 1260 Filed: 10/27/2008
	Appeal from the Order Entered October 22, 2007 In the Court of Common Pleas of Philadelphia County Domestic Relations at No. 0709V7242
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Patricia Buchhalter appeals from the order entered on October 22, 2007, that vacated a temporary protection from abuse (PFA) order and dismissed her petition seeking a PFA order against her ex-husband, Steven Buchhalter. We vacate and remand.

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Superior Court - IN THE INTEREST OF: C.W. APPEAL OF ANTHONY R. TUNNELL, ESQUIRE

IN THE INTEREST OF: C.W. APPEAL OF ANTHONY R. TUNNELL, ESQUIRE No. 3356 EDA 2007 2008 PA Super 254 Atlantic: 960 A.2d 458 Filed: 10/24/2008
	Appeal from the Order November 19, 2007 In the Court of Common Pleas of Philadelphia County Civil at No(s): D# 28010311 J# 33743102
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County finding Appellant Anthony R. Tunnell, Esquire to be in contempt, directing him to return all monies paid to him, and replacing him with new court-appointed counsel in the underlying involuntary termination of parental rights case. On appeal, Attorney Tunnell contends, inter alia, that the evidence was insufficient to sustain a finding of contempt. We reverse.

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Superior Court - R.W.E. v. A.B.K. and M.K.

R.W.E. v. A.B.K. and M.K. No. 35 EDA 2007 2008 PA Super 253 Atlantic: 961 A.2d 161 Filed: 10/24/2008
	Appeal from the Order entered December 5, 2006, Court of Common Pleas, Philadelphia County, Family Division at No. 0C05-02282
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: DONOHUE, J.
R.W.E. (“Robert”) appeals from the order entered on December 5, 2006 in the Philadelphia County Court of Common Pleas. That order vacated an acknowledgment of paternity executed by Robert and A.B.K. (“Mother”) based upon a finding of fraud, and adjudicated M.K (“Father”) the biological father of J.R.K. (“Child”). Robert raises six issues on appeal. Upon careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER

COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER No. 3450 EDA 2006 2008 PA Super 252 Atlantic: 960 A.2d 160 Filed: 10/22/2008
	Appeal from the Judgment of Sentence of November 30, 2006 in the Court of Common Pleas of Philadelphia County Criminal Division, at No. CP-51-CR-0109521-2006.
Before: BOWES, SHOGAN and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Dissenting Opinion by: SHOGAN, J.
Oliver Foster appeals from the November 30, 2006 judgment of sentence of five to ten years imprisonment that was imposed after he was convicted of robbery. We conclude that Appellant, as an unarmed co-conspirator in an armed robbery, was improperly sentenced pursuant to 42 Pa.C.S. § 9712(a). We therefore vacate the judgment of sentence and remand for re-sentencing.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CLAY WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. CLAY WILLIAMS No. 3458 EDA 2006 2008 PA Super 250 Atlantic: 959 A.2d 1252 Filed: 10/22/2008
	Appeal from the Judgment of Sentence December 5, 2006 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0505851-2005
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
The instant matter is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County on December 5, 2006, at which time the trial court sentenced Appellant Clay Williams (hereinafter “Appellant”) to life in prison. Appellant also has filed with this Court a Petition for Remand to Trial Court to Develop Record. Upon our review, we deny Appellant’s petition, affirm his judgment of sentence, and dismiss his ineffectiveness of counsel claims without prejudice to raise them on collateral review.

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Superior Court - TONI J. STAUB v. BRIAN L. STAUB

TONI J. STAUB v. BRIAN L. STAUB No. 1636 MDA 2007 2008 PA Super 251 Atlantic: 960 A.2d 848 Filed: 10/21/2008
	Appeal from the Order Entered August 24, 2007, Court of Common Pleas, York County, Domestic Relations Division, at No. 2006-CU-2123-Y03.
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Appellant (“Father”), Brian L. Staub, appeals from the order denying his petition for special relief brought pursuant to Pa.R.C.P. 1915.13. Therein, Father requested that the trial court prevent continued home schooling of the parties’ minor children by Appellee (“Mother”), Toni J. Staub. On appeal, Father asks us, inter alia, to adopt a clear but narrow rule that requires children to attend public schools when parents who share legal custody cannot agree on home schooling versus public schooling. We decline to adopt such a rule or presumption. To the contrary, we hold that the well-established best interests standard, applied on a case by case basis, governs a court’s decision regarding public schooling versus home schooling. Utilizing this standard, we affirm the trial court’s order.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. STEVEN ANDERSON

COMMONWEALTH OF PENNSYLVANIA v. STEVEN ANDERSON No. 3422 EDA 2006 2008 PA Super 247 Atlantic: 959 A.2d 1248 Filed: 10/20/2008
	Appeal from the Judgment of Sentence of November 10, 2006 in the Court of Common Pleas of Philadelphia County, Criminal, No. 0503-0333
Before: KLEIN, TAMILIA and HUDOCK, JJ.
Opinion by: KLEIN, J.
Steven Anderson appeals the trial court’s decision to deny his motion to dismiss pursuant to Pennsylvania Rule of Criminal Procedure 600 in which he claimed the Commonwealth did not use due diligence in bringing his case to trial under the rule. After a thorough review of the record, we affirm.

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Superior Court - DENISE COOPER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF HAROLD S. COOPER, DECEASED v. FRANKFORD HEALTH CARE SYSTEM, INC.,

DENISE COOPER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF HAROLD S. COOPER, DECEASED v. FRANKFORD HEALTH CARE SYSTEM, INC., INDIVIDUALLY AND/OR DOING BUSINESS AS THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA AND/OR DOING BUSINESS AS FRANKFORD HOSPITAL- TORRESDALE AND THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA, INDIVIDUALLY AND/OR DOING BUSINESS AS FRANKFORD HOSPITAL-TORRESDALE AND FRANKFORD HOSPITAL-TORRESDALE AND CLIFTON HALL, M.D. No. 2755 EDA 2007 2008 PA Super 248 Atlantic: 960 A.2d 134 Filed: 10/20/2008
	Appeal from the Order Entered September 12, 2007 In the Court of Common Pleas of Philadelphia County Civil Division at No.: December Term, 2006 No. 000170
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Denise Cooper (“Mrs. Cooper”), individually and as administratrix of the estate of her spouse, Harold S. Cooper, M.D., deceased (“Dr. Cooper”), (collectively, “Plaintiff”), appeals from the September 12, 2007 order that sustained the preliminary objections in the nature of a demurrer of the defendants, Frankford Health Care System, Inc., The Frankford Hospital of the City of Philadelphia, Frankford Hospital – Torresdale, (collectively, “Hospital”), and Clifton Hall, M.D. (“Dr. Hall”), (collectively, “Defendants”), resulting in the dismissal of Plaintiff’s wrongful death complaint. The trial court determined that Plaintiff did not plead sufficient facts in her complaint to establish that the defendants owed a duty to protect the decedent, Dr. Cooper, from suicide. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA, (Appellant at 1966) v. THOMAS J. ROSE (Appellant at 395)

COMMONWEALTH OF PENNSYLVANIA, (Appellant at 1966) v. THOMAS J. ROSE (Appellant at 395) No. 395 & 1966 WDA 2007 2008 PA Super 249 Atlantic: 960 A.2d 149 Filed: 10/20/2008
	Appeal from the Judgment of Sentence entered on January 24, 2007, in the Court of Common Pleas of Westmoreland County, Criminal Division, at No(s). 4279 CR 2005
Before: LALLY-GREEN, KLEIN, AND POPOVICH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant Thomas J. Rose appeals from the judgment of sentence entered on January 27, 2007. The Commonwealth has filed a cross-appeal. We conclude that Rose’s appeal lacks merit and that the Commonwealth’s cross-appeal is meritorious. Thus, we affirm in part and remand for further proceedings.

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Superior Courts - GIANT FOOD STORES, LLC v. THF SILVER SPRING DEVELOPMENT, L.P.,

GIANT FOOD STORES, LLC v. THF SILVER SPRING DEVELOPMENT, L.P., No. 1476 MDA 2007 2008 PA Super 245 Atlantic: 959 A.2d 438 Filed: 10/17/2008
	Appeal from the Order Entered August 3, 2007, Court of Common Pleas, Cumberland County, Civil Division, at No. 2006-03688
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Appellant, THF Silver Spring Development, L.P., the owner of a shopping center, appeals from the order that granted summary judgment in favor of Appellee, Giant Food Stores, LLC, in this action in equity and that enjoined Appellant from violating a Supermarket Restriction contained in a 1992 Lease Agreement. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DEAN A. SANTANA

COMMONWEALTH OF PENNSYLVANIA v. DEAN A. SANTANA No. 172 MDA 2008 2008 PA Super 246 Atlantic: 959 A.2d 450 Filed: 10/17/2008
	Appeal from the Judgment of Sentence entered January 9, 2008 In the Court of Common Pleas of Berks County Criminal Division at No. CP-06-CR-4265-2007
Before: STEVENS, FREEDBERG, and POPOVICH, JJ
Opinion by: FREEDBERG, J.
This is an appeal from judgment of sentence entered by the Court of Common Pleas of Berks County after a bench trial in which Appellant, Dean A. Santana, was convicted and sentenced on charges of escape, simple assault and resisting arrest. In this appeal, Appellant challenges the sufficiency of evidence upon which he was convicted of escape. We affirm judgment of sentence.

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Superior Court - RICHARD G. PHILLIPS AND RICHARD G. PHILLIPS ASSOCIATES, P.C. v. ALAN H. “BUD” SELIG ________________________________ WORLD UMPIRES AS

RICHARD G. PHILLIPS AND RICHARD G. PHILLIPS ASSOCIATES, P.C. v. ALAN H. “BUD” SELIG ________________________________ WORLD UMPIRES ASSOCIATES v. RICHARD G. PHILLIPS ASSOCIATES, P.C. No. 1966 EDA 2007 2008 PA Super 244 Atlantic: 959 A.2d 420 Filed: 10/17/2008
	Appeal from the Order entered June 5, 2007, Court of Common Pleas, Philadelphia County Civil at Nos. July Term, 2000 – No. 1550 and July Term, 2001 – No. 1255
Before: GANTMAN, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: DONOHUE, J.
Appellants, Richard G. Phillips (“Phillips”) and Richard G. Phillips Associates, P.C. (“Phillips Associates”), appeal from the order dated June 5, 2007 denying Appellants’ motion to reconsider the trial court’s grant of summary judgment in favor of all Appellees. After an exhaustive review of the evidentiary record, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JEROME KING

COMMONWEALTH OF PENNSYLVANIA v. JEROME KING No. 3214 EDA 2006 2008 PA Super 243 Atlantic: 959 A.2d 405 Filed: 10/17/2008
	Appeal from the Judgment of Sentence of June 23, 2006, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 0507-0619
Before: ORIE MELVIN, BOWES AND COLVILLE,* JJ.
Opinion by: BOWES, J.
Jerome King appeals the judgment of sentence that was entered after a jury convicted him of first degree murder, criminal conspiracy, and carrying a firearm on the public streets of Philadelphia. Appellant was sentenced to life imprisonment, a consecutive term of twenty to forty years imprisonment, and a concurrent term of twelve to sixty months imprisonment, respectively. After careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DENNIS KEITH DIXON

COMMONWEALTH OF PENNSYLVANIA v. DENNIS KEITH DIXON No. 1502 MDA 2007 2008 PA Super 241 Atlantic: 959 A.2d 399 Filed: 10/15/2008
	Appeal from the Order Entered August 8, 2007, Court of Common Pleas, Dauphin County, Criminal Division, at No. CP-22-MD-0000790-2006
Before: GANTMAN, SHOGAN and KELLY, JJ.
Opinion by: SHOGAN, J.
The Commonwealth of Pennsylvania (“the Commonwealth”) appeals from the order entered on August 8, 2007, granting a motion for change of venue made by Dennis Keith Dixon (“Appellee”). For the following reasons, we vacate and remand.

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Superior Court - JENNIFER A. ELLISON v. DAMOUN M. LOPEZ

JENNIFER A. ELLISON v. DAMOUN M. LOPEZ No. 3379 EDA 2007 2008 PA Super 242 Atlantic: 959 A.2d 395 Filed: 10/15/2008
	Appeal from the Order entered November 14, 2007 In the Court of Common Pleas of Philadelphia County, Domestic Relations, No. 04-12199, Pacses No. 564106698
Before: LALLY-GREEN, KLEIN and GANTMAN, JJ.
Opinion by: KLEIN, J.
Damoun M. Lopez appeals from the decision of the trial court refusing to set aside a prior order of paternity. We affirm.

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Superior Court - NATIONWIDE ASSURANCE COMPANY v. CALVIN EASLEY

NATIONWIDE ASSURANCE COMPANY v. CALVIN EASLEY No. 1278 WDA 2006 2008 PA Super 240 Atlantic: 960 A.2d 843 Petition for Reargument Denied 12/15/2008 Filed: 10/10/2008
	Appeal from the Judgment June 20, 2006, In the Court of Common Pleas of Allegheny County, Civil Division at No. GD 04-8079
Before: MUSMANNO, POPOVICH, and HUDOCK, JJ.
Opinion by: POPOVICH, J.
Appellant Calvin Easley appeals the grant of summary judgment to Appellee Nationwide Assurance Company on the basis that the trial court erred in construing exclusion clauses within an automobile insurance policy issued by Appellee to deny Appellant’s claim for injuries sustained while operating a taxi. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LISA M. HACKER

COMMONWEALTH OF PENNSYLVANIA v. LISA M. HACKER No. 1659 WDA 2007 2008 PA Super 239 Atlantic: 959 A.2d 380 Filed: 10/9/2008
	Appeal from the Judgment of Sentence of May 9, 2007, in the Court of Common Pleas of Clarion County, Criminal Division at No. CP-16-CR-0000503-2006
Before: LALLY-GREEN, TAMILIA and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
This case is a direct appeal from judgment of sentence. Appellant was convicted of one count of criminal solicitation (18 Pa.C.S.A. § 902(a)) with the intent of promoting or facilitating the rape of a child under thirteen (18 Pa.C.S.A § 3121(c), a felony of the first degree). This charge was based on the allegation that Appellant encouraged N.A. (a twelve-year-old girl) and C.G. (a thirteen-year-old boy) to engage in oral sex.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. B.D.G.

COMMONWEALTH OF PENNSYLVANIA v. B.D.G. No. 444 MDA 2006 2008 PA Super 238 Atlantic: 959 A.2d 362 Filed: 10/7/2008
	Appeal from the order entered February 22, 2006 in the Court of Common Pleas of Susquehanna County Criminal Division, at No. 2005-5068/JV.
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, and ALLEN, JJ.
Opinion by: ORIE MELVIN, J.
Dissenting Opinion by: ALLEN, J.
In this appeal we consider whether the trial court abused its discretion in ordering Appellant, B.D.G., to make restitution in the amount of $29,439.00 pursuant to the Juvenile Act. 42 Pa.C.S.A. §§ 6301-6365. After review, we affirm.

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Superior Court - SMITHKLINE BEECHAM CORP., D/B/A GLAXOSMITHKLINE, ESTHER CHEUNG, MINNIE IWAMTO AND ROSEMARY LECOMPTE v. STOP HUNTINGDON ANIMAL CRUELTY

SMITHKLINE BEECHAM CORP., D/B/A GLAXOSMITHKLINE, ESTHER CHEUNG, MINNIE IWAMTO AND ROSEMARY LECOMPTE v. STOP HUNTINGDON ANIMAL CRUELTY USA, HUGS FOR PUPPIES, INC., NICHOLAS COONEY, DAVID LAMBON, CHRISTOPHER SEMICK, AMANDAH POVILITUS AND JOHN DOES 1-10 APPEAL OF: NICHOLAS COONEY No. 2034 and 2035 EDA 2007 2008 PA Super 237 Atlantic: 959 A.2d 352 Filed: 10/3/2008
	Appeal from the Order entered June 22, 2007 In the Court of Common Pleas of Philadelphia County, Civil, No. 0366 November Term, 2006
Before: ORIE MELVIN, KLEIN and FITZGERALD, JJ.
Opinion by: KLEIN, J.
Nicholas Cooney appeals from the order finding him in contempt of a November 27, 2006 injunction (“the 2006 injunction”) and the issuance of a more restrictive injunction, dated June 22, 2007 (“the 2007 injunction”). Cooney claims on appeal that the 2007 injunction is an unconstitutional restriction on his First Amendment free speech rights, that the lower court impermissibly assumed extraterritorial jurisdiction in issuing the 2007 injunction, and that the lower court erred in finding him to be in contempt of the 2006 injunction. We affirm in part and reverse in part.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL RUSH

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL RUSH No. 71 EDA 2008 2008 PA Super 236 Atlantic: 959 A.2d 945 Petition for Reargument Denied 12/1/2008 Filed: 10/1/2008
	Appeal from the Judgment of Sentence of December 4, 2007, in the Court of Common Pleas of Philadelphia County, Criminal Division at Nos. CP-51-CR-0011027-2007, CP-51-CR-0011086-2007, CP-51-CR-0012483-2007, CP-51-CR-0013139-2007, CP-51-CR-0408071-2004, CP-51-CR-0500591-2006
Before: MUSMANNO, BENDER and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
Concurring and Dissenting Opinion Opinion by: BENDER, J.
On this direct appeal from judgment of sentence, Appellant contends his guilty pleas were involuntary because he was not advised, prior to pleading, that he was subject to mandatory minimum terms of imprisonment for drug trafficking. He also contends the mandatory minima imposed on him constitute an illegal sentence. As an alternative to each of the foregoing claims, Appellant seeks permission to appeal the discretionary aspects of his sentence. We affirm

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Superior Court - IN THE INTEREST OF O.J. APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

IN THE INTEREST OF O.J. APPEAL OF: COMMONWEALTH OF PENNSYLVANIA No. 310 EDA 2007 2008 PA Super 234 Atlantic: 958 A.2d 561 Filed: 10/1/2008
	Appeal from the Order Entered September 26, 2006, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. J.P. No. 0509-0683
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: MUSMANNO, J.
The Commonwealth appeals from a September 26, 2006 order suppressing drugs seized from a motor vehicle pursuant to a protective search for weapons conducted after a lawful traffic stop. We reverse and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT MORRIS, SR.

COMMONWEALTH OF PENNSYLVANIA v. ROBERT MORRIS, SR. No. 1018 EDA 2006 2008 PA Super 235 Atlantic: 958 A.2d 569 Filed: 10/1/2008
	Appeal from the Judgment of Sentence March, 6, 2006 in the Court of Common Pleas of Philadelphia County, CRIMINAL DIVISION, No. 0405-0293 1/1
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, ALLEN, JJ.
Opinion by: MUSMANNO, J.
Robert Morris, Sr., (“Morris”) appeals from the judgment of sentence imposed following his convictions of two counts of murder of the third degree. See 18 Pa.C.S.A. § 2502(c). We granted en banc review in order to determine whether Morris could be sentenced to a mandatory term of life in prison pursuant to 42 Pa.C.S.A. section 9715 where the trial court convicted Morris of two separate murders at the same trial and subsequently sentenced him on the same date for both counts. We affirm

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