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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