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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