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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