MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL (at 2620) MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC.

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MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL (at 2620) MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL APPEAL OF: PHARMACIA & UPJOHN COMPANY, LLC (at2673) No. 2620 and 2673 EDA 2007 2009 PA Super 263 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Order Dated September 7, 2007, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. June Term, 2004, No. 4229.
Before: ORIE MELVIN, BOWES, and DONOhttp://www.blogger.com/post-create.g?blogID=725292761438552781HUE, JJ.
Opinion by: BOWES, J.
This is an appeal by plaintiff-wife, Merle Simon, a New Jersey resident, and a cross-appeal by defendant Pharmacia & Upjohn Company, LLC (“Upjohn”), a pharmaceutical company headquartered in New Jersey. For the reasons that follow, we reverse the trial court’s grant of judgment notwithstanding the verdict and remand to the trial court for consideration of Upjohn’s motion for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. TERI RHODES

COMMONWEALTH OF PENNSYLVANIA v. TERI RHODES No. 143 WDA 2009 2009 PA Super 261 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Judgment of Sentence entered November 21, 2008 In the Court of Common Pleas of Erie County Criminal Division at No. CP-25-CR-0000110-2008
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
Teri Rhodes appeals the judgment of sentence imposed following her entry of an open plea of guilty to Voluntary Manslaughter, 18 Pa.C.S. § 2503(a), in the death of her infant daughter by neonaticide. Rhodes contends that the sentence imposed, of nine to eighteen years’ incarceration, was manifestly excessive and the trial judge was motivated in imposing sentence by a pronounced bias that should have compelled him to recuse. Upon review, we concur in Rhodes’s assessment. Because the record of these proceedings establishes that the trial judge acted substantially in derogation of the Pennsylvania Sentencing Code on the basis of evidence gathered ex parte, we conclude that the sentence imposed constitutes an abuse of discretion. We conclude further that the trial judge abused his discretion in refusing to grant Rhodes’s request for recusal. Accordingly, we vacate the judgment of sentence and remand this matter for re-sentencing before another jurist.

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REVEREND MELVIN S. MUNDIE v. CHRIST UNITED CHURCH OF CHRIST

REVEREND MELVIN S. MUNDIE v. CHRIST UNITED CHURCH OF CHRIST No. 573 MDA 2009 2009 PA Super 262 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Order March 3, 2009, In the Court of Common Pleas of Adams County, Civil Division at No. 08-S-1251.
Before: BENDER, GANTMAN, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Reverend Melvin S. Mundie appeals the order sustaining Appellee Christ United Church of Christ’s preliminary objection and dismissing Appellant’s complaint for lack of subject matter jurisdiction. After careful review, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS

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COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS No. 2127 EDA 2007 2009 PA Super 260 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Judgment of Sentence, March 29, 2007, in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0802891-2005
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, AND ALLEN, JJ.
Opinion by: FORD ELLIOT, P.J.
Gerry Burns appeals from the judgment of sentence of March 29, 2007, following his convictions of involuntary deviate sexual intercourse (“IDSI”), sexual assault, aggravated indecent assault, and indecent assault. A divided panel of this court filed a memorandum opinion on December 19, 2008, which reversed the judgment of sentence and remanded the case for a new trial upon finding that the trial court should have allowed appellant to pierce the Rape Shield Law and cross-examine the victim regarding whether she had engaged in sexual activity with another man earlier on the day in question. On February 26, 2009, we granted the Commonwealth’s application for reargument en banc and withdrew the panel memorandum opinion. After careful review, we now affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. RONALD BYRD

COMMONWEALTH OF PENNSYLVANIA v. RONALD BYRD No. 3158 EDA 2008 2009 PA Super 259 Atlantic: n/a Filed: 12/30/2009
	Appeal from the Order Entered October 7, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0007719-2008
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
The Commonwealth appeals from an order entered in the Court of Common Pleas of Philadelphia County granting Appellee Ronald Byrd’s motion to suppress a handgun seized by the police. We reverse the suppression order entered below and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL GREENE

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL GREENE No. 538 MDA 2009 2009 PA Super 256 Atlantic: n/a Filed: 12/29/2009
	Appeal from the Judgment of Sentence, January 14, 2009, in the Court of Common Pleas of Lackawanna County Criminal Division at No. CP-35-CR-0001831-2004
Before: FORD ELLIOTT, P.J., KLEIN, J. AND McEWEN, P.J.E.
Opinion by: KLEIN, J.
Dissenting Statement by: FORD ELLIOT, P.J.
Michael Greene appeals from the judgment of sentence of January 14, 2009, following his conviction of one count each of aggravated assault and simple assault. He was sentenced to life in prison without parole under Pennsylvania’s “three strikes” law, after the trial court found that two prior convictions in Massachusetts qualified as “crimes of violence” as that term is defined under Pennsylvania law. However, the relevant Massachusetts statutes incorporate the kind of robberies that would not qualify for the three strikes law in Pennsylvania, as well as those that do. The robberies for which Greene was convicted under the Massachusetts statutes could have been crimes where the victim only suffered or was put in fear of only bodily injury rather than serious bodily injury, which would be a robbery under Pennsylvania law, but would not qualify as a strike for Pennsylvania’s three strikes statute. Therefore, we find that the Massachusetts unarmed robbery and assault with intent to rob statutes do not qualify as substantially similar crimes of violence to relevant Pennsylvania law. As a result, we reverse Greene’s life sentence and remand for resentencing.

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COMMONWEALTH OF PENNSYLVANIA v. DONN STEVEN WATERS

COMMONWEALTH OF PENNSYLVANIA v. DONN STEVEN WATERS No. 1418 EDA 2008 2009 PA Super 257 Atlantic: n/a Filed: 12/29/2009
	Appeal from the Judgment of Sentence April 14, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at Nos. CP-51-CR-0003701-2007, CP-51-CR-0003702-2007; CP-51-CR-0003703-2007
Before: GANTMAN, DONOHUE and CLELAND, JJ.
Opinion by: DONOHUE, J.
Donn Steven Waters (“Waters”) appeals from the judgment of sentence entered on April 14, 2008 following his conviction of three counts of burglary, 18 Pa.C.S.A. § 3502(a), and related crimes. On appeal, Waters challenges the trial court’s classification of the burglaries as first-degree offenses under subsection (c) of the aforementioned statute. We reverse and remand for resentencing.

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COMMONWEALTH OF PENNSYLVANIA v. FRANCIS NICHOLAS RAKOWSKI, JR.

COMMONWEALTH OF PENNSYLVANIA v. FRANCIS NICHOLAS RAKOWSKI, JR. No. 2059 MDA 2008 2009 PA Super 258 Atlantic: n/a Filed: 12/29/2009
	Appeal from the Judgment of Sentence August 27, 2008, In the Court of Common Pleas of York County, Criminal Division at No. CP-67-CR-0001198-2008.
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Dissenting Opinion by: BENDER, J.
Appellant Francis Nicholas Rakowski, Jr., appeals the judgment of sentence for driving under the influence of alcohol (DUI) in violation of 75 Pa.C.S.A. § 3802(c) on grounds that: 1) the evidence was insufficient to sustain his conviction; 2) the verdict was against the weight of the evidence; and 3) the jury’s entry of inconsistent verdicts warrants a vacation of the judgment of sentence. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ADAM ROSEN

COMMONWEALTH OF PENNSYLVANIA v. ADAM ROSEN No. 791 EDA 2009 2009 PA Super 254 Atlantic: n/a Filed: 12/28/2009
	Appeal from the Judgment of Sentence October 14, 2008, In the Court of Common Pleas of Montgomery County, Criminal Division at No. CP-46-CR-0005182-2001.
Before: PANELLA, POPOVICH, and COLVILLE, JJ.
Opinion by: POPOVICH, J.
Appellant Adam Rosen appeals the judgment of sentence of life imprisonment entered on October 14, 2008, in the Court of Common Pleas of Montgomery County, for his conviction of first-degree murder following retrial. Appellant claims that the trial court erred by permitting expert psychiatric testimony from his first trial to be used as impeachment evidence in his second trial. Appellant asserts that this error presented him with a fait accompli regarding his choice to testify in his own defense and, thereby, violated his right to present a proper defense. Upon review, we affirm

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LEVAN JOHNSON, SR. v. PROGRESSIVE INSURANCE COMPANY

LEVAN JOHNSON, SR. v. PROGRESSIVE INSURANCE COMPANY No. 3173 EDA 2008 2009 PA Super 255 Atlantic: n/a Filed: 12/28/2009
	Appeal from the Order entered September 26, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): June Term, 2007, No 2307
Before: BOWES, PANELLA, and FITZGERALD, JJ.
Opinion by: BOWES, J.
On appeal, Levan Johnson assails the propriety of the trial court’s grant of summary judgment in favor of Progressive Insurance Company on Appellant’s statutory bad faith insurance claim. We hereby affirm.

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IN THE INTEREST OF: A.B. APPEAL OF: A.B. No. 2149 EDA 2006 2009 PA Super 252 Atlantic: n/a Filed: 12/24/2009
	Appeal from the Order entered July 6, 2006 In the Court of Common Pleas of Monroe County Criminal, No. CP-45-JV-0030033-1999
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG, AND CLELAND, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: KLEIN, J.
Appellant, A.B., appeals from the order entered in the Monroe County Court of Common Pleas, which denied his petition to expunge his juvenile record. Specifically, Appellant asks us to determine whether the court committed an error of law or an abuse of discretion when it denied Appellant’s petition, after he had fulfilled all of the requirements for expungement under 18 Pa.C.S.A. § 9123(a)(3). After careful review of the certified record as well as the relevant law pertaining to expungement of juvenile records, we hold the trial court misapplied the law in denying Appellant’s expungement petition, where Appellant fulfilled the requirements under Section 9123(a)(3); and the Commonwealth failed to show cause to deny expungement and retain Appellant’s juvenile record. Accordingly, we reverse and remand with directions to expunge Appellant’s juvenile record.

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PAULA (LIVINGSTON) GRESIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GERALD LIVINGSTON, JR., Appellants (at 1462 and 1463) JOSEPH L. BELTOWS

PAULA (LIVINGSTON) GRESIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GERALD LIVINGSTON, JR., Appellants (at 1462 and 1463) JOSEPH L. BELTOWSKI AND KAREN M. BELTOWSKI, HIS WIFE ) v. PA PARTNERS, L.P, Appellant (1502 and 1503) No. 1462, 1463, 1502, and 1503 WDA 2008 2009 PA Super 253 Atlantic: n/a Filed: 12/24/2009
	Appeal from the Order Entered August 1, 2008 In the Court of Common Pleas of Somerset County Civil Division at No. 325 and 326 CIVIL 1996
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
Joseph Beltowski, Karen Beltowski, his wife, and Paula Livingstone Gresick, individually and as the administratrix of the estate of Gerald Livingstone, Jr. (Plaintiffs), appeal from the order entering summary judgment in favor of PA Partners, L.P. (Defendant), in Plaintiffs’ action against Defendant arising from an accident that occurred in a steel mill previously owned by Defendant. For the reasons that follow, we affirm.

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LISA GABOURY v. CHRISTOPHER GABOURY

LISA GABOURY v. CHRISTOPHER GABOURY No. 1603 WDA 2008 2009 PA Super 251 Atlantic: n/a Filed: 12/23/2009
	Appeal from the Order Entered August 29, 2008, in the Court of Common Pleas of Beaver County, Civil Division, at No. 20103 of 2008.
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: BOWES, J.
Lisa Gaboury (“Wife”) appeals from the August 29, 2008 order granting her divorce from Christopher Gaboury (“Husband”). On June 3, 2008, the trial court dismissed all economic claims against Husband, determining that it had jurisdiction to dissolve the parties’ marriage but lacked the necessary personal jurisdiction over Husband to adjudicate related economic claims. For the following reasons, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL No. 2344 EDA 2008 2009 PA Super 249 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence Entered July 15, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. MC-51-CR-0022285-2008.
Before: ORIE MELVIN, SHOGAN, and POPOVICH, JJ.
Opinion by: SHOGAN, J.
Appellant, Lonnie Mitchell, appeals from the judgment of sentence entered on July 15, 2008, after he was adjudged guilty of harassment and found in indirect criminal contempt for violating a protection from abuse (“PFA”) order. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we deny counsel’s petition to withdraw, vacate the judgment of sentence with respect to Appellant’s harassment conviction, and remand this matter with instructions.

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IN RE: R.N.J. & G.J., MINOR CHILDREN IN RE: M.J. & B.M.J., MINOR CHILDREN APPEAL OF: M.H., BIOLOGICAL MOTHER

IN RE: R.N.J. & G.J., MINOR CHILDREN IN RE: M.J. & B.M.J., MINOR CHILDREN APPEAL OF: M.H., BIOLOGICAL MOTHER No. 648 and 649 EDA 2008 2009 PA Super 248 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Order Entered December 12, 2007 in the Court of Common Pleas of Philadelphia County, Family Court, at Nos. C.P.#90035, 90033, June Term, 2007 and J#32552305, 32552306, D.P. #5584-05-04, 5585-05-04.
Before: BOWES, PANELLA, and KELLY, JJ.
Opinion by: BOWES, J.
M.H. (“Mother”) appeals from the orders entered on December 12, 2007, wherein the trial court involuntarily terminated her parental rights to her two young children, R.N.J. and G.J. , born June 18, 2004, and May 18, 2006, respectively, and changed the permanency goal of her two older children, M.J. and B.M.J., born September 9, 1995, and October 29, 1998, respectively, from reunification to permanent legal custody (“PLC”). After careful review, we affirm.

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JANE DOE v. WYOMING VALLEY HEALTH CARESYSTEM, INC.

JANE DOE v. WYOMING VALLEY HEALTH CARESYSTEM, INC. No. 1390 MDA 2009 2009 PA Super 250 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment entered July 25, 2008 In the Court of Common Pleas of Luzerne County Civil, No. 4555 of 1996
Before: ORIE MELVIN, GANTMAN, AND CLELAND, JJ.
Opinion by: GANTMAN, J.
Appellant, Wyoming Valley Health Care System, Inc., appeals from the judgment entered in the Luzerne County Court of Common Pleas in favor of Appellee, Jane Doe, following the denial of Appellant’s motion for post-trial relief. We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BOZYK

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BOZYK No. 3560 EDA 2006 2009 PA Super 247 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence November 21, 2006, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0312201-2006.
Before: STEVENS, BOWES AND FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Michael Bozyk appeals from the judgment of sentence of three and one-half to seven years imprisonment that was imposed after he was convicted by a jury of carrying an unlicensed firearm and carrying a firearm on a public street or property in Philadelphia. We reject Appellant’s assertion that his cross-examination of a police officer was improperly curtailed in violation of his Sixth Amendment Confrontation Clause rights; we therefore affirm.

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THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.

THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC. No. 2892 EDA 2008 2009 PA Super 246 Atlantic: n/a Filed: 12/17/2009
	Appeal from the Judgment entered November 19, 2008 In the Court of Common Pleas of Philadelphia County Civil Division, May Term, No. 1366
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee’s decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD THOMAS

COMMONWEALTH OF PENNSYLVANIA v. RICHARD THOMAS No. 1155 EDA 2008 2009 PA Super 245 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Judgment of Sentence of March 5, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0002796-2007.
Before: ORIE MELVIN, BOWES and DONOHUE, JJ.
Opinion by: BOWES, J.
Richard Thomas appeals from the judgment of sentence imposed after he was convicted at a bench trial of persons not to possess firearms under 18 Pa.C.S. § 6105. We affirm.

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SABRINA BOWMAN v. SUNOCO, INC.

SABRINA BOWMAN v. SUNOCO, INC. No. 1897 EDA 2008 2009 PA Super 242 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Order Entered May 21, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): December Term, 2006 No. 2227
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County granting a Motion for Judgment on the Pleadings filed by Defendant/Appellee, Sunoco, Inc. and dismissing Plaintiff/Appellant Sabrina Bowman’s negligence claim for injuries she sustained while working as a private security guard on Sunoco property. Specifically, the court agreed with Sunoco’s Affirmative Defense that Bowman, by signing a Worker’s Compensation Disclaimer in exchange for her employment with Allied Barton Security Services, had waived her right to file claims against clients of Allied Barton for damages otherwise covered by workers’ compensation. Herein, Bowman contends that such a release is contrary to public policy and, therefore, unenforceable. We affirm.

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R.M.G., JR. v. F.M.G.

R.M.G., JR. v. F.M.G. No. 908 WDA 2009 2009 PA Super 244 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Order entered May 4, 2009 In the Court of Common Pleas of Westmoreland County Civil Division, at No. 733 of 2005-D
Before: MUSMANNO, BENDER AND CLELAND, JJ.
Opinion by: CLELAND, J.
R.M.G., Jr. (“Father”) appeals from the order entered on May 4, 2009 following a hearing on the petition filed by F.M.G. (“Mother”) to modify custody of their two children, S.G. (d.o.b. 2/13/99) and Z.G. (d.o.b. 10/23/00) (collectively “the Children”). Father complains the trial court erred by modifying a May 2008 custody arrangement because Mother did not demonstrate a material change in circumstances. Father also argues the trial court erred or abused its discretion by finding a changed custody arrangement would serve the best interests of the Children. Because a material change in circumstances is not a prerequisite to modification and because we find no abuse of discretion in the trial court’s modification of the May 2008 arrangement, we affirm.

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JUNE F. MYERS v.WELLLS FARGO BANK, N.A., T/A PREMIER ASSET SERVICES AND T/A WELLS FARGO HOME MORTGAGE, U.S. BANK NATIONAL ASSOCIATION AND FOX & ROACH

JUNE F. MYERS v.WELLLS FARGO BANK, N.A., T/A PREMIER ASSET SERVICES AND T/A WELLS FARGO HOME MORTGAGE, U.S. BANK NATIONAL ASSOCIATION AND FOX & ROACH, L.P., T/A PRUDENTIAL FOX & ROACH APPEAL OF: U.S. BANK NATIONAL ASSOCIATION No. 3218 EDA 2008 2009 PA Super 241 Atlantic: n/a Filed: 12/15/2009
	Appeal from the Order entered September 29, 2008 In the Court of Common Pleas of Bucks County Civil Division at No(s): 0800319
Before: STEVENS, BOWES, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
Concurring Statement by: McEWEN, P.J.E.
This is an appeal from the order entered in the Court of Common Pleas of Bucks County denying Appellant U.S. Bank National Association’s (hereinafter U.S. Bank) petition to open a default judgment entered in favor of Appellee June F. Myers (hereinafter Ms. Myers). We affirm.

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VALERIE L. BEASTON v. GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA IN RE: GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

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VALERIE L. BEASTON v. GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA IN RE: GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA No. 1880 and 1894 MDA 2007 2009 PA Super 243 Atlantic: n/a Filed: 12/15/2009
	Appeal from the Order Entered October 9, 2007, Court of Common Pleas, Cumberland County, Civil Division, at No. 2005-2091 Civil Term and CP-21-MD-0000826-2007.
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, and ALLEN, JJ.
Opinion by: SHOGAN, J.
Appellant, the Commonwealth of Pennsylvania (“the Commonwealth”), appeals from the orders entered on October 9, 2007 (1880 MDA 2007) and November 7, 2007 (1894 MDA 2007) in the Cumberland County Court of Common Pleas. After careful review, we reverse the order appealed at 1880 MDA 2007 and remand with instructions, and we vacate the order appealed at 1894 MDA 2007.

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COMMONWEALTH OF PENNSYLVANIA v. BRIAN HUGHES

COMMONWEALTH OF PENNSYLVANIA v. BRIAN HUGHES No. 177 MDA 2009 2009 PA Super 240 Atlantic: n/a Filed: 12/14/2009
	Appeal from the Order entered on January 20, 2009, in the Court of Common Pleas of Lebanon County, Criminal Division, at No(s). CP-38-CR-0002319-2006
Before: ALLEN, FITZGERALD, and HUDOCK, JJ.
Opinion by: HUDOCK, J.
Dissenting Opinion by: FITZGERALD, J.
Appellant, Brian Hughes, appeals from the order dated January 20, 2009, dismissing his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JAQUIL ATKINSON

COMMONWEALTH OF PENNSYLVANIA v. JAQUIL ATKINSON No. 1531 MDA 2008 2009 PA Super 239 Atlantic: n/a Filed: 12/10/2009
	Appeal from the Order entered August 30, 2007 In the Court of Common Pleas of Luzerne County Criminal at No(s): CP-40-CR-0000780-2005
Before: GANTMAN and FREEDBERG, JJ., and MCEWEN, P.J.E.
Opinion by: FREEDBERG, J.
This matter is before the Court on Jaquil Atkinson’s appeal from an order entered by the Court of Common Pleas of Luzerne County on August 30, 2007, which denied Appellant’s pre-trial motion for suppression of evidence and to quash the information. We affirm the suppression court’s order.

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COMMONWEALTH OF PENNSYLVANIA v. MATTHEW C. SKARICA

COMMONWEALTH OF PENNSYLVANIA v. MATTHEW C. SKARICA No. 2039 WDA 2008 2009 PA Super 238 Atlantic: n/a Filed: 12/9/2009
	Appeal from the Order November 17, 2008, In the Court of Common Pleas of Mercer County, Criminal Division at No. CP-43-CR-0000078-2008
Before: FORD ELLIOTT, P.J., ALLEN, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
The Commonwealth appeals the order granting the motion to suppress filed by Appellant Matthew C. Skarica that claimed the police violated Pa.R.Crim.P. 431. We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. JERE DAVID HARTZELL

COMMONWEALTH OF PENNSYLVANIA v. JERE DAVID HARTZELL No. 3288 EDA 2008 2009 PA Super 237 Atlantic: n/a Filed: 12/9/2009
	Appeal from the Judgment of Sentence, July 22, 2008, in the Court of Common Pleas of Monroe County Criminal Division at No. CP-45-CR-0001283-2007
Before: FORD ELLIOTT, P.J., PANELLA AND FREEDBERG, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from a judgment of sentence imposed upon appellant after he was convicted in a jury trial of two counts each of recklessly endangering another person (“REAP”) and harassment. We affirm.

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ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE

ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE No. 536 EDA009 2009 PA Super 236 Atlantic: n/a Filed: 12/8/2009
	Appeal from the Order Entered January 13, 2009 In the Court of Common Pleas of Carbon County Civil at No(s): 07-1991
Before: FORD ELLIOTT, P.J., PANELLA, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this declaratory judgment action involving a coverage question under the Motor Vehicle Financial Responsibility Law (“MVFRL”), 75 Pa.C.S.A. §§ 1701 et seq., Erie Insurance Exchange (“Erie”) appeals from the Order granting summary judgment in favor of Donna and Charles Larrimore and against Erie. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LENNARD FRANSEN

COMMONWEALTH OF PENNSYLVANIA v. LENNARD FRANSEN No. 2482 EDA 2008 2009 PA Super 235 Atlantic: n/a Filed: 12/7/2009
	Appeal from the Order entered July 20, 2004 In the Court of Common Pleas of Monroe County Criminal No.: CP-45-CR-0001492-2002
Before: PANELLA, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Lennard Fransen, files this pro se appeal from the order entered in the Monroe County Court of Common Pleas, which granted relief on his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). Appellant has also filed a pro se motion to withdraw unrequested counsel from any representation. After review, we hold that, pursuant to the Pennsylvania Supreme Court’s decision in Commonwealth v. Liston, ___ Pa. ___, 977 A.2d 1089 (2009) (“Liston II”), a PCRA petitioner who is granted reinstatement of his direct-appeal rights nunc pro tunc is not entitled to a subsequent order reinstating his right to file post-sentence motions nunc pro tunc if he has not requested such relief with the PCRA court, and if the court did not hold an evidentiary hearing on that issue. We accordingly deny Appellant’s motion without prejudice and affirm the PCRA court’s order with instructions.

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U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. PETER H. POWERS APPEAL OF: HEATHER A. RITCH

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. PETER H. POWERS APPEAL OF: HEATHER A. RITCH No. 771 EDA 2008 2009 PA Super 234 Atlantic: n/a Filed: 12/7/2009
	Appeal from the Order entered January 17, 2008 In the Court of Common Pleas of Philadelphia County Civil No. April Term, 2007, No. 2684
Before: KLEIN, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Heather A. Ritch, appeals from the order entered in the Philadelphia County Court of Common Pleas. In this case we consider whether a party who owns property near other property and has maintained that other property for seven years is a “party in interest” under Pennsylvania Rule of Civil Procedure 3132 and has standing to petition to set aside a sheriff’s sale of that other property. We hold that she does not and affirm the trial court’s order.

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ESTATE OF CHRISTOPHER ARANDA, SUSAN YACOVELLI, Administratrix v. CHRISTOPHER AMRICK, M.D., MICHAEL BULETTE, M.D., POCONO EMERGENCY ASSOCIATES, COLLEEN

ESTATE OF CHRISTOPHER ARANDA, SUSAN YACOVELLI, Administratrix v. CHRISTOPHER AMRICK, M.D., MICHAEL BULETTE, M.D., POCONO EMERGENCY ASSOCIATES, COLLEEN CAHILL, M.D., MOHAMMED AZAM, M.D., CHUKWUDI OGBOLU, M.D., PMC PHYSICIANS ASSOCIATES HOSPITALISTS, RICHARD KENNEDY, M.D., BENJAMIN COOPER, M.D., MONROE RADIOLOGY IMAGING, P.C., JEFFREY BAIR, M.D., VIDYASHANKAR PONNATHPUR, M.D., MEDICAL ASSOCIATES OF MONROE COUNTY, UMESH DALA, M.D., POCONO MEDICAL GROUP & NEPHROLOGY CONSULTANTS, LLC., POCONO MEDICAL CENTER, POCONO HEALTH SYSTEM and POCONO MEDICAL CENTER HEALTH SYSTEM No. 3444 EDA 2008 2009 PA Super 233 Atlantic: n/a Filed: 12/3/2009
	Appeal from the Order entered November 4, 2008 In the Court of Common Pleas of Monroe County Civil at No. 2007 Civil 09859
Before: FORD ELLIOTT, P.J., PANELLA and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
This matter is before the Court on the appeal of Susan Yacovelli, the administratrix of the estate of Christopher Aranda. She appeals from the order entered by the Court of Common Pleas of Monroe County on November 4, 2008, denying her motion to open a judgment of non pros in her wrongful death and survival case against Dr. Vidyashankar Ponnathpur. We vacate and remand.

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COMMONWEALTH OF PENNSYLVANIA v. NOLAN ANTOSZYK

COMMONWEALTH OF PENNSYLVANIA v. NOLAN ANTOSZYK No. 689 WDA 2008 2009 PA Super 232 Atlantic: n/a Filed: 12/2/2009
	Appeal from the Order entered April 11, 2008 In the Court of Common Pleas of Allegheny County Criminal No: CP-02-CR-0009936-2005
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
The Commonwealth of Pennsylvania appeals from the order entered in the Allegheny County Court of Common Pleas, which granted the suppression motion filed by Appellee, Nolan Antoszyk. The Commonwealth contends an affidavit that includes material misstatements from a confidential informant should not render inadmissible evidence obtained from a warrant approved on the basis of the faulty affidavit. Because the good-faith exception to the exclusionary rule does not apply in Pennsylvania, we hold that the trial court properly suppressed the evidence obtained solely through the deliberate misstatements the informant admittedly made to the affiant. In so holding, we conclude that this Court’s decision in Commonwealth v. Bradshaw, 434 A.2d 181 (Pa. Super. 1981), was abrogated by the Pennsylvania Supreme Court’s decision in Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887 (1991), and we adopt the lead opinion from this Court’s decision in Commonwealth v. Clark, 602 A.2d 1323 (Pa. Super. 1992) (plurality). Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SABOR COLEMAN

COMMONWEALTH OF PENNSYLVANIA v. SABOR COLEMAN No. 995 EDA 2009 2009 PA Super 229 Atlantic: n/a Filed: 12/1/2009
	Appeal from the Judgment of Sentence entered on February 23, 2009, in the Court of Common Pleas of Delaware County, Criminal Division, at No(s). CP-23-CR-0004715-2008
Before: STEVENS, POPOVICH, and HUDOCK*, JJ.
Opinion by: HUDOCK, J.
Appellant, Sabor Coleman, appeals from the judgment of sentence entered on February 23, 2009, as made final by the denial of post-sentence motions on March 5, 2009. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RODERICK FRANCIS BAILEY

COMMONWEALTH OF PENNSYLVANIA v. RODERICK FRANCIS BAILEY No. 1788 WDA 2007 2009 PA Super 230 Atlantic: n/a Filed: 12/1/2009
	Appeal from the Judgment of Sentence of September 18, 2007 in the Court of Common Pleas of Allegheny County, Criminal Division, No. CP-02-CR-0002377-2006
Before: KLEIN, J., McEWEN, P.J.E., and HUDOCK, J.
Opinion by: KLEIN, J.
Concurring Statement by: McEWEN, P.J.E.
Roderick Francis Bailey appeals from the judgment of sentence imposed on his convictions of various weapons charges. The trial judge, the Honorable Anthony M. Mariani, found that the consent to search was not voluntary. However, he further found that the car would have been towed and an inventory search conducted and therefore discovery of the gun in the car was inevitable. We agree and affirm. It is true that the car was not in a spot causing a hazard or blocking traffic and it was not proper to tow and inventory the car under traditional common law principles. However, the statute has a separate section allowing towing and inventory when a person is arrested and is being taken to an “issuing authority.” Since there is another section dealing with towing when the vehicle is creating a hazard, the legislative intent should be interpreted to allowing towing after an arrest even if there is no hazard.

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COMMONWEALTH OF PENNSYLVANIA v. JOHN D. AU

COMMONWEALTH OF PENNSYLVANIA v. JOHN D. AU No. 2002 MDA 2007 2009 PA Super 231 Atlantic: n/a Filed: 12/1/2009
	Appeal from the Order Entered October 30, 2007 In the Court of Common Pleas of Centre County Criminal Division at No. CP-14-CR-0001363-2007
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: SHOGAN, J.
This is a Commonwealth appeal from the order granting John D. Au’s (Appellee) motion to suppress evidence. The Commonwealth claims that the trial court erred in granting Appellee’s motion. For the following reasons, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LEVON MANLEY

COMMONWEALTH OF PENNSYLVANIA v. LEVON MANLEY No. 3187 EDA 2007 2009 PA Super 227 Atlantic: n/a Filed: 11/30/2009
	Appeal from the Judgment of Sentence Entered October 26, 2007, Court of Common Pleas, Philadelphia County, Criminal Division, at No CP-51-CR-0501841-2006.
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Levon Manley, appeals from the October 26, 2007 judgment of sentence entered in the Court of Common Pleas of Philadelphia County. Appellant was sentenced to concurrent terms of incarceration of eighteen to thirty-six years for attempted murder, seven to twenty years for aggravated assault, three and one-half to seven years for carrying firearms without a license, and one and one-half to five years for possessing instruments of crime. After careful review, we affirm.

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IN RE: ESTATE OF MARJORIE J. CRUCIANI APPEAL OF: JEANNINE M. McCULLOUGH

IN RE: ESTATE OF MARJORIE J. CRUCIANI APPEAL OF: JEANNINE M. McCULLOUGH No. 3353 EDA 2008 2009 PA Super 228 Atlantic: n/a Filed: 11/30/2009
	Appeal from the Order October 6, 2008, In the Court of Common Pleas of Lehigh County, Orphans' Court Division at No. 2007-0271.
Before: PANELLA, POPOVICH, and COLVILLE*, JJ.
Opinion by: POPOVICH, J.
Appellant Jeannine M. McCullough appeals the order holding that the signature on the last will and testament of Marjorie J. Cruciani, deceased, which document was submitted to probate by Appellant, was a forgery. We affirm.

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BISHOPS, INC., A PENNSYLVANIA CORPORATION v. PENN NATIONAL INSURANCE, A MUTUAL COMPANY

BISHOPS, INC., A PENNSYLVANIA CORPORATION v. PENN NATIONAL INSURANCE, A MUTUAL COMPANY No. 2275 WDA 2007 and 35 WDA 2008 2009 PA Super 225 Atlantic: n/a Filed: 11/24/2009
	Appeal from the Order December 10, 2007 and Judgment Entered December 11, 2007, In the Court of Common Pleas of Allegheny County Civil Division at No. G.D. 05-15366 and GD 05-015366 GD 0-015366
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
Bishops, Inc., (Bishops) and Penn National Insurance (Penn National) cross-appeal the trial court’s orders granting summary judgment and awarding damages in favor of Bishops limited to the $5000 in coverage afforded by an extra-cost endorsement (the Penn Pac Endorsement) to an all-risks insurance policy that Bishops purchased from Penn National. In its cross-appeal, designated by the parties as primary pursuant to Pa.R.A.P. 2136(a), Penn National asserts that Bishops’ claim is precluded by the concurrent cause provision of the basic policy to which the Penn Pac Endorsement was added because the damage for which Bishops claimed coverage was jointly caused by flooding. In its cross appeal, Bishops rejoins that this Court has rendered concurrent causation clauses unenforceable, declining to recognize them in the presence of an affirmative grant of coverage for which the insured paid an added premium. Bishops argues further that the Penn Pac Endorsement, which provided coverage for sewer or drain back up, changed the definition of a “covered cause of loss” in the underlying policy to provide coverage to both physical losses contemplated by the endorsement itself and losses sustained by business interruption occasioned by the events that caused the physical loss. Upon review, we find Penn National’s concurrent cause exclusion unenforceable. Moreover, we conclude that Bishops is entitled to coverage under both the Penn Pac Endorsement and the Business Income (and Extra Expense) Coverage Form of the underlying policy. Accordingly, we affirm in part, vacate in part, and remand this case for additional proceedings consistent with this disposition.

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COMMONWEALTH OF PENNSYLVANIA v. LALLITRA LYNETTE COPPEDGE

COMMONWEALTH OF PENNSYLVANIA v. LALLITRA LYNETTE COPPEDGE No. 359 MDA 2009 2009 PA Super 226 Atlantic: n/a Filed: 11/24/2009
	Appeal from the Judgment of Sentence of October 8, 2008 in the Court of Common Pleas of Franklin County, Criminal Division, No. CP-28-CR-0001626-2007cri
Before: FORD ELLIOTT, P.J., KLEIN, J. and McEWEN, P.J.E.
Opinion by: KLEIN, J.
Lallitra Lynette Coppedge scalded her then-three-year-old daughter in hot bath water, causing the child to suffer second- and third-degree burns. A jury convicted Coppedge of simple assault, 18 Pa.C.S.A. 2701(a)(1), and endangering the welfare of children, 18 Pa.C.S.A. § 4304(a)(1). She was sentenced to 12 to 36 months’ incarceration for simple assault and a consecutive 6 to 36 months’ incarceration for child endangerment. On appeal, Coppedge asserts that her sentence is illegal because simple assault should have merged with child endangerment for sentencing purposes. Because the legislature has adopted a strict, technical merger test rather than a test that considers the facts of the individual case, we are compelled to find that these two offenses do not merge. Therefore, we affirm.

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CHARLENE SLUSSER v. DOUGLAS DeBOER

CHARLENE SLUSSER v. DOUGLAS DeBOER No. 189 MDA 2009 2009 PA Super 224 Atlantic: n/a Filed: 11/23/2009
	Appeal from the Order entered January 14, 2009, in the Court of Common Pleas, Susquehanna County, Civil, No. 2009-47 CP
Before: MUSMANNO, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Appellant, Douglas DeBoer, appeals from the order, entered pursuant to the Protection From Abuse Act, that, inter alia, “completely evicted and excluded” him from the residence of appellee, Charlene Slusser, mother of appellant’s granddaughter, and precluded all contact with appellee except under very limited conditions. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RAYMOND E. HAUN

COMMONWEALTH OF PENNSYLVANIA v. RAYMOND E. HAUN, No. 1980 MDA 2008 2009 PA Super 223 Atlantic: n/a Filed: 11/20/2009
	Appeal from the PCRA Order November 4, 2008 In the Court of Common Pleas of Centre County Criminal Division at No. CP-14-CR-0001493-2004
Before: BENDER, FREEDBERG and POPOVICH, JJ.
Opinion by: BENDER, J.
Raymond E. Haun (Appellant) appeals from the order dismissing his petition for relief filed under the Post Conviction Relief Act (PCRA). See 42 Pa.C.S. §§ 9541-9546. Appellant claims that the PCRA court erred in relying on our decision in Commonwealth v. Lantzy, 712 A.2d 288 (Pa. Super. 1998) (en banc), reversed, 736 A.2d 564 (Pa. 1999). For the reasons that follow, we reverse and remand for further proceedings consistent with this opinion.

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IN RE: T.C., S.C., and H.C., MINOR CHILDREN APPEAL OF: R.C., NATURAL FATHER

IN RE: T.C., S.C., and H.C., MINOR CHILDREN APPEAL OF: R.C., NATURAL FATHER, No. 2017 MDA 2008 2009 PA Super 222 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Order Dated October 14, 2008, in the Court of Common Pleas of Lycoming County, Orphans’ Court Division, No. 6080 ADOPTIONhttp://www.blogger.com/post-create.g?blogID=725292761438552781
Before: GANTMAN, FREEDBERG, JJ. and McEWEN, P.J.E.
Opinion by: FREEDBERG, J.
R.C. (“Father”) appeals from the order of the Court of Common Pleas of Lycoming County involuntarily terminating his parental rights to T.C., S.C., and H.C., pursuant to the Indian Child Welfare Act (“ICWA”), 25 U.S.C. § 1912. We affirm.

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ESTATE OF LOUIS A. HICKS, DECEASED v. DANA COMPANIES, LLC F/K/A DANA CORPORATION, ET AL. APPEAL OF: DANA COMPANIES, LLC F/K/A DANA CORPORATION APPEAL

ESTATE OF LOUIS A. HICKS, DECEASED v. DANA COMPANIES, LLC F/K/A DANA CORPORATION, ET AL. APPEAL OF: DANA COMPANIES, LLC F/K/A DANA CORPORATION APPEAL OF: JOHN CRANE, INC., F/K/A CRANE PACKING No. 3088 and 3089 EDA 2006 2009 PA Super 220 2009 PA Super 220 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Judgment entered April 12, 2005, in the Court of Common Pleas of Philadelphia County Civil Division at December Term, 2002 No. 3509
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE, AND SHOGAN, JJ.
Opinion by: ORIE MELVIN, J.
Concurring Opinion by: KLEIN, J.
This is a consolidated appeal from the judgment entered against Appellants, Dana Companies, LLC f/k/a Dana Corporation (Dana) and John Crane, Inc., f/k/a Crane Packing (Crane), in this products liability action initiated by Appellee, the Estate of Louis A. Hicks, for his contracting malignant mesothelioma from alleged occupational exposure to the Appellants’ asbestos-containing products. Following the denial of post-trial motions and entry of judgment, an appeal to this Court was filed in which a panel of this Court affirmed the trial court. We have granted reargument en banc, however, for the principal reason of determining the impact of the Supreme Court’s decision in Gregg v. V-J Auto Parts Company, 596 Pa. 274, 943 A.2d 216 (2007). After review, we affirm.

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EUGENE COBBS v. SEPTA, DAVID ABELL, JOHN BLEILER, and SUSAN FLOWER-GRIFFIN

EUGENE COBBS v. SEPTA, DAVID ABELL, JOHN BLEILER, and SUSAN FLOWER-GRIFFIN No. 1198 EDA 2008 2009 PA Super 221 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Order entered March 25, 2008, Court of Common Pleas, Philadelphia County, Civil Division at No. 031203651
Before: ORIE MELVIN, BOWES and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Eugene Cobbs (“Cobbs”) appeals from the order of court entered granting the motion for judgment on the pleadings filed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”), David Abell, John Bleiler, and Susan Flower-Griffin (collectively, “Appellees”). Finding no error by the trial court, we affirm.

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JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC.

JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC. No. 1703 WDA 2008 2009 PA Super 218 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order entered October 9, 2007 In the Court of Common Pleas of Erie County Civil Division at No. 10478-05
Before: BENDER, BOWES AND CLELAND, JJ.
Opinion by: CLELAND, J.
Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their partnership encompasses two later developed gas wells not mentioned in their partnership agreement but drilled on the same leasehold titled to Brace and on which one of the partnership’s own wells was located. For reasons that follow, we affirm.

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IN THE INTEREST OF J.G., A MINOR Appeal of: CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES No. 585 EDA 2008 2009 PA Super 217 Atlantic:

IN THE INTEREST OF J.G., A MINOR Appeal of: CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES No. 585 EDA 2008 2009 PA Super 217 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order Entered January 2, 2008, In the Court of Common Pleas, Chester County, Domestic Relations, Juvenile No. 55CS07
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN AND ALLEN, JJ.
Opinion by: ALLEN, J.
The Chester County Department of Children Youth and Families (“CYF”) appeals from the trial court’s order denying the motion of the guardian ad litem to reject the recommendation of the hearing master or, alternatively, to conduct a rehearing. Finding that CYF was the prevailing party in the proceedings below, we dismiss the appeal under Pa.R.A.P. 501 because CYF was not aggrieved by the trial court’s order.

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STUART J. MACKAY vs. JAMIE K. MACKAY (at 192) JAMIE K. MACKAY vs. STUART J. MACKAY

STUART J. MACKAY vs. JAMIE K. MACKAY (at 192) JAMIE K. MACKAY vs. STUART J. MACKAY (at 193) No. 192 and 193 WDA 2009 2009 PA Super 219 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order Entered January 26, 2008 In the Court of Common Pleas of Allegheny County Civil Division at Nos.: 05-03738-001 PACSES No. 105107428
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
In these consolidated appeals, Jamie K. Mackay (“Mother”) appeals from the orders entered on January 22, 2009 and January 26, 2009, respectively, wherein the trial court directed Stuart J. Mackay (“Father”) to pay a monthly child support obligation of $810.00 for three minor children and denied Mother’s “Petition to Enforce Agreement” and her claim for counsel fees. We affirm.

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COMMONWEALTH OF PENNSYLVANIA vs. COLLIN M. ROWE

COMMONWEALTH OF PENNSYLVANIA vs. COLLIN M. ROWE No. 986 MDA 2008 2009 PA Super 215 Atlantic: n/a Filed: 11/12/2009
	Appeal from the Judgment of Sentence of May 19, 2008, in the Court of Common Pleas of Centre County, Criminal Division, at No. CP-14-CR-0002110-2007
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: BOWES, J.
It was a dark and stormy night on June 8, 2007, when the wind howled and rain fell in State College, Pennsylvania. Corporal William Muse of the State College Police Department was in the area of East Foster Avenue at 10:38 p.m. assisting with downed power lines in an adjacent alley when he noticed the open rear door of 420 East Foster Avenue, the residence of Collin M. Rowe, Appellant. Corporal Muse walked the perimeter of the house, noticed lights on upstairs and down, but observed nothing out of the ordinary. He chose to enter the home, called out his identity, and searched the first floor and the basement. The officer thereafter proceeded to the second floor, where he entered Appellant’s bedroom, looked in the trash can, and examined the inside of the closet. He found a glass pipe sitting on the desk next to Appellant’s computer. He took the pipe, left his business card requesting Appellant to contact him, and left the home.

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JOAN P. WHITAKER AND BARBARA V. LEEZER, GUARDIANS AD LITEM FOR CAROLINE MONAGHAN vs. THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA

JOAN P. WHITAKER AND BARBARA V. LEEZER, GUARDIANS AD LITEM FOR CAROLINE MONAGHAN vs. THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA D/B/A FRANKFORD HOSPITAL—FRANKFORD, THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA D/B/A FRANKFORD HOSPITAL—TORRESDALE, ROBERT T. SMITH, M.D., HAROLD J. GAUTHIER, M.D. AND DIAGNOSTIC IMAGING, INC., APPEAL OF: ROBERT T. SMITH, M.D. (at 819 EDA 2006) CAROLINE MONAGHAN vs. FRANKFORD HOSPITAL, FRANKFORD DIVISION, FRANKFORD HOSPITAL TORRESDAKE DIVISION, CARL S. RUBIN, D.O., MEDICAL IMAGING ASSOCIATES, HOSPITAL MEDCIAL IMAGING, INC., ROBERT T. SMITH, M.D., NORTHEAST PHILADELPHIA VASCULAR SURGEONS, P.C., FAROUQ A. SAMHOURI, M.D., HAROLD J. GAUTHIER, M.D., ABC EMERGENCY ROOM SERVICES CORP., MICHAEL J. ROSNER, M.D., JOSEPH NABONG, M.D., NEUROCARE DIAGNOSTICS, INC., AND RANDY M. ROSENBERG, M.D. APPEAL OF: DIAGNOSTIC IMAGING, INC. (at 933 EDA 2006) No. 819 and 933 EDA 2006 2009 PA Super 216 Atlantic: n/a Filed: 11/12/2009
	Appeal from the Judgment Entered April 28, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 0202-01557 and February Term, 2002, No. 1557.
Before: ORIE MELVIN, BOWES, and DONOHUE, JJ.
Opinion by: BOWES, J.
Appellants, Diagnostic Imaging, Inc. and its agent Dr. Robert T. Smith, appeal from the judgment entered on a jury verdict in this medical malpractice action. The verdict was entered in favor of the plaintiffs, Appellees Joan P. Whitaker and Barbara V. Leezer, in their capacity as guardians ad litem for Caroline Monaghan. The jury determined that Dr. Smith and Dr. Harold J. Gauthier, who had previously settled with Appellees, were equally responsible for causing the injuries at issue in this case, and it awarded $5,200,000 in damages. After careful review of the record and the arguments presented on appeal, we affirm.

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DIANE C. O’HARA AND JOSEPH O’HARA, H/W vs. THE FIRST LIBERTY INSURANCE CORP. D/B/A LIBERTY MUTUAL INSURANCE GROUP

DIANE C. O’HARA AND JOSEPH O’HARA, H/W vs. THE FIRST LIBERTY INSURANCE CORP. D/B/A LIBERTY MUTUAL INSURANCE GROUP No. 3054 EDA 2008 2009 PA Super 214 Atlantic: n/a Petition for Reargument Filed 11/13/2009 Filed: 11/9/2009
	Appeal from the Order entered October 6, 2008 In the Court of Common Pleas of Philadelphia County Civil No. August Term 2008, No. 03032
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
Diane C. O’Hara and Joseph P. O’Hara, Appellants, appeal from the order entered in the Philadelphia County Court of Common Pleas sustaining the preliminary objection raised by The First Liberty Insurance Corp., d/b/a/ Liberty Mutual Insurance Group, Appellee, on the basis of venue and transferring the case to the Court of Common Pleas of Delaware County. We affirm, finding that the trial court properly enforced the forum selection clause contained in the couple’s insurance policy.

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COMMONWEALTH OF PENNSYLVANIA v. SUN CHA CHON

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COMMONWEALTH OF PENNSYLVANIA v. SUN CHA CHON No. 473 EDA 2008 2009 PA Super 212 Atlantic: n/a Filed: 11/5/2009
	Appeal from the Order Entered January 24, 2008 In the Court of Common Pleas of Lehigh County Criminal Division at No. CP-39-CR-0004937-2006
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
The Commonwealth of Pennsylvania appeals from the January 24, 2008 order that granted the “Motion to Dismiss Due to Outrageous Government Conduct” filed by the defendant in this case, Sun Cha Chon (Chon). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA

COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA No. 1466 MDA 2008 2009 PA Super 213 Atlantic: n/a Filed: 11/5/2009
	Appeal from the Judgment of Sentence, July 22, 2008, in the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0001837-2007
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
The Commonwealth appeals from Melvin Garcia-Rivera’s (“Garcia Rivera” or “appellee”) judgment of sentence of July 22, 2008. The Commonwealth contends that the trial court failed to put reasons on the record supporting its imposition of a mitigated range sentence. After careful review, we are compelled to agree and, therefore, vacate the judgment of sentence and remand for resentencing.

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IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT

IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT No. 1648 WDA 2008 2009 PA Super 210 Atlantic: n/a Filed: 11/4/2009
	Appeal from the Order entered July 7, 2008 in the Court of Common Pleas of Forest County, Criminal Division, at No. CP-27-MD-0000009-2007.
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Eduardo Garcia, appeals from the July 7, 2008 order which denied his petition for writ of habeas corpus. After review, we affirm.

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IN THE INTEREST OF: J.T., MINOR APPEAL OF: M.T., NATURAL MOTHER

IN THE INTEREST OF: J.T., MINOR APPEAL OF: M.T., NATURAL MOTHER No. 713 MDA 2009 2009 PA Super 211 Atlantic: n/a Filed: 11/4/2009
	Appeal from the Decree Dated March 30, 2009, in the Court of Common Pleas of Luzerne County, Orphans’ Court Division, No. A-7345
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
Appellant, M.T. (“Mother”), appeals from the decree in the Luzerne County Court of Common Pleas, which terminated her parental rights to her minor child, J.T. Counsel for Mother has also filed with this Court both a petition for leave to withdraw as counsel and a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and its progeny. We grant counsel’s petition for leave to withdraw and affirm the decision of the trial court.

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COMMONWEALTH OF PENNSYLVANIA v.TERRY L. SNAVELY

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COMMONWEALTH OF PENNSYLVANIA v.TERRY L. SNAVELY No. 1996 MDA 2008 2009 PA Super 208 Atlantic: n/a Filed: 10/30/2009
	Appeal from the Order entered October 10, 2008 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0001377-2006
Before: KLEIN, FREEDBERG and CLELAND, JJ.
Opinion by: CLELAND, J.
Dissenting Opinion by: KLEIN, J.
Appellant Terry L. Snavely (Snavely) appeals the order revoking his parole on a sentence of imprisonment imposed on a corruption of minors charge to which he had entered an Alford plea. Because the parole-violation order recommitted him to prison but made him immediately eligible again for parole on condition he enroll in a sex offender treatment program which required an admission of guilt to the original corruption of minors offense, he contends invoking his Fifth Amendment privilege against self-incrimination renders impossible his ability to satisfy the condition. As such, he submits the sentence is manifestly unreasonable. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. STEVEN T. SMITH

COMMONWEALTH OF PENNSYLVANIA v. STEVEN T. SMITH No. 286 WDA 2009 2009 PA Super 209 Atlantic: n/a Petition for Reargument Filed 11/13/2009 Filed: 10/30/2009
	Appeal from the Judgment of Sentence of January 14, 2009 in the Court of Common Pleas of Allegheny County, Criminal Division, No. CP-02-CR-0010635-2007
Before: KLEIN, J., McEWEN, P.J.E., and HUDOCK, J.
Opinion by: KLEIN, J.
Steven T. Smith appeals from his judgment of sentence imposed following his open plea to four counts of possession of a controlled substance (cocaine), four counts of possession with intent to deliver a controlled substance (cocaine), and three counts of delivery of a controlled substance (cocaine). Smith was sentenced to an aggregate term of 7-14 years’ imprisonment after the trial court imposed the mandatory minimum for each sentence pursuant to 18 Pa.C.S. § 7508.

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COMMONWEALTH OF PENNSYLVANIA v. JUAN M. RIVERA

COMMONWEALTH OF PENNSYLVANIA v. JUAN M. RIVERA No. 2354 EDA 2007 2009 PA Super 207 Atlantic: n/a Filed: 10/26/2009
	Appeal from the Judgment of Sentence September 4, 2007 In the Court of Common Pleas of Philadelphia County Criminal, No. CP-51-CR-0005117-2007
Before: GANTMAN, DONOHUE, JJ., AND MCEWEN, P.J.E.
Opinion by: GANTMAN, J.
Appellant, Juan M. Rivera, appeals the judgment of sentence entered in the Philadelphia County Court of Common Pleas, following his bench trial convictions for first degree burglary, criminal trespass, theft, receiving stolen property, possessing an instrument of crime, and simple assault. We affirm.

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NANCY BRAUN, GUARDIAN OF THE PERSON AND ESTATE OF JOHN BRAUN, AN INCAPACITATED PERSON, AND NANCY BRAUN IN HER OWN RIGHT v. TARGET CORPORATION

NANCY BRAUN, GUARDIAN OF THE PERSON AND ESTATE OF JOHN BRAUN, AN INCAPACITATED PERSON, AND NANCY BRAUN IN HER OWN RIGHT v. TARGET CORPORATION AND THOMAS LINDSTROM & CO., INC. AND JEFFREY M. BROWN & ASSOCIATES No. 2221 EDA 2006 2009 PA Super 206 Atlantic: n/a Filed: 10/23/2009
	Appeal from the Judgments July 26, 2006 and July 28, 2006 In the Court of Common Pleas of Philadelphia County Civil, May Term, 2004, No. 2886
Before: KLEIN, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Nancy Braun, as guardian of the person and estate of her husband John Braun (“Mr. Braun”), and in her own right, appeals from the judgments entered in the Philadelphia Court of Common Pleas following the denial of her post-trial motions for removal of the compulsory nonsuit entered in favor of Appellee, Jeffery M. Brown & Associates (“JMB”), for judgment notwithstanding the verdict (“JNOV”) in favor of Appellee, Target Corporation (“Target”) and/or a new trial against both Target and JMB. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MATTHEW ALEXANDER BASINGER

COMMONWEALTH OF PENNSYLVANIA v. MATTHEW ALEXANDER BASINGER No. 1830 WDA 2008 2009 PA Super 204 Atlantic: 982 A.2d 121 Filed: 10/21/2009
	Appeal from the Judgment of Sentence entered October 20, 2008 In the Court of Common Pleas of Clearfield County Criminal Division at No. CP-17-CR-0000684-2007
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
Matthew Alexander Basinger appeals the judgment of sentence imposed following his conviction of two counts of Driving Under the Influence of Alcohol (DUI) and the summary traffic offense of Vehicle Entering or Crossing Roadway. See 75 Pa.C.S. §§ 3802(a)(1), (b), 3324 (respectively). Basinger contends, inter alia, that the sentence the court imposed, which consisted of a period of probation conditioned on the defendant’s completion of a flat term of incarceration, is not consistent with the Pennsylvania Sentencing Code, 42 Pa.C.S. § 9721, et seq., and therefore is illegal. We concur in Basinger’s assessment. Accordingly, we vacate the judgment of sentence and remand for re-sentencing.

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TIJEN HARCAR v. DOGAN TALHA HARCAR

TIJEN HARCAR v. DOGAN TALHA HARCAR No. 1851 WDA 2008 2009 PA Super 203 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Order Entered October 9, 2008, Court of Common Pleas, Beaver County, Domestic Relations Division, at No. 10639 of 2006.
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, Dogan Talha Harcar (“Father”), appeals from the order dated October 7, 2008, and entered October 9, 2008, finding Appellee, Tijen Harcar (“Mother”), in contempt of the trial court’s orders entered on June 2, 2006 and September 5, 2006 by remaining in the Republic of Turkey with the parties’ son, Taha Murat Harcar (“Child”). The trial court declined to impose any sanctions on Mother. The trial court also ruled that Beaver County was an inconvenient forum under 23 Pa.C.S.A. § 5427, and directed that any further child custody proceedings should be instituted in the Republic of Turkey. After careful review, we affirm to the extent that the trial court held Mother in contempt. To the extent that it refused to impose any sanction, we reverse and remand. To the extent that the trial court declined to exercise jurisdiction in the future, we vacate.

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IN RE: K.T.E.L. APPEAL OF: A.R., MOTHER

IN RE: K.T.E.L. APPEAL OF: A.R., MOTHER No. 858 EDA 2009 2009 PA Super 205 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Decree entered February 18, 2009, in the Court of Common Pleas of Philadelphia County, December Term No. 90016, D 7157-05-12, J 324009-03
Before: STEVENS, KELLY, and POPOVICH, JJ.
Opinion by: KELLY, J.
A.R. (Mother) appeals from the decree entered in the Philadelphia County Court of Common Pleas of Philadelphia, involuntarily terminating her parental rights to her child, K.T.E.L., born October 28, 2003. We affirm. In this case, we address an issue of first impression: the disposition of an appeal in which an appellant in a case involving termination of parental rights fails to comply with Pennsylvania Rules of Appellate Procedure 905(a)(2) and 1925(a)(2), both adopted January 13, 2009. We hold that henceforth, in all children’s fast track cases, the failure to file a concise statement of errors complained of on appeal with the notice of appeal will result in a defective notice of appeal, to be disposed of on a case by case basis.

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ROBERT ZIMMERMAN v. HARRISBURG FUDD I, L.P.

ROBERT ZIMMERMAN v. HARRISBURG FUDD I, L.P., No. 1997 MDA 2008 2009 PA Super 202 Atlantic: n/a Filed: 10/19/2009
	Appeal from the Order entered October 13, 2008 In the Court of Common Pleas of Dauphin County Civil Division at No. 2005-CV-4222
Before: ALLEN, FREEDBERG AND CLELAND, JJ.
Opinion by: CLELAND, J.
We are asked to decide whether a contractor who has obtained a judgment against an owner under the Contractor and Subcontractor Payment Act may recover post-judgment interest and penalties, as well as attorney’s fees and expenses incurred to collect the money owed. We hold he can.

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COMMONWEALTH OF PENNSYLVANIA v. RICK ELWOOD HULL

COMMONWEALTH OF PENNSYLVANIA v. RICK ELWOOD HULL No. 1353 WDA 2008 2009 PA Super 201 Atlantic: n/a Filed: 10/16/2009
	Appeal from the PCRA Order entered July 14, 2008 In the Court of Common Pleas of Fayette County Criminal Nos.: CP-26-CR-0000624-2003, CP-26-CR-0001306-2003
Before: STEVENS, DONOHUE, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
The Commonwealth of Pennsylvania files this appeal from the order entered in the Fayette County Court of Common Pleas, which granted relief to Appellee, Rick Elwood Hull, based on his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). We hold that counsel lacked a reasonable basis for failing to call good character witnesses based on his overall trial strategy to show that the children were lying. Specifically, we hold that trial counsel may not state a broad concern that opposing counsel might introduce bad character evidence on cross-examination without having conducted any kind of investigation to determine if, in fact, there exists bad-character evidence. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RODNEY SOTO COMMONWEALTH OF PENNSYLVANIA v. WILLIAM AVILES COMMONWEALTH OF PENNSYLVANIA v. MELVIN WISE

COMMONWEALTH OF PENNSYLVANIA v. RODNEY SOTO COMMONWEALTH OF PENNSYLVANIA v. WILLIAM AVILES COMMONWEALTH OF PENNSYLVANIA v. MELVIN WISE COMMONWEALTH OF PENNSYLVANIA v. JOSE SANCHEZ COMMONWEALTH OF PENNSYLVANIA v. KEVIN WILSON COMMONWEALTH OF PENNSYLVANIA v. EUGENE HUDNELL COMMONWEALTH OF PENNSYLVANIA v. PETE ROBINSON No. 165, 172, 179, 180, 181, 183 and 185 PHL 2008 2009 PA Super 200 Atlantic: n/a Filed: 10/16/2009
	Appeal from the PCRA Order of November 20, 2007 In the Court of Common Pleas of Philadelphia County, Criminal, No. CP-51-CR-1204871-2001, CP-51-CR-1203211-2001 CP-51-CR-0511611-2002, CP-51-CR-1000691-2001, CP-51-CR-0405351-2004, CP-51-CR-1200351-2001, CP-51-CR-0507581-2001
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KLEIN, J.
These consolidated appeals are from the orders entered by the Honorable D. Webster Keogh denying defendants’ petitions for Post Conviction Relief, 42 Pa.C.S.A. § 9541-9546 (PCRA). The PCRA petitions were filed when it was discovered through a newspaper article that a chemist for the police department, Colleen Brubaker, was a drug addict and had been taking confiscated pain pills for her own use and possibly selling other types of drugs to support her habit. The PCRA court denied relief on the grounds that defendants failed to prove that the newly discovered evidence would have compelled a different result at trial. While the individual cases are different, we agree with Judge Keogh that, viewing the totality of the circumstances, none of the defendants has shown that the evidence of Brubaker’s improper activity would have compelled a different result at any of the trials. Therefore, we affirm.

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CHRYSTAL CAMPBELL v. EARL R. WALKER, JR. APPEAL OF: DEPARTMENT OF PUBLIC WELFARE

CHRYSTAL CAMPBELL v. EARL R. WALKER, JR. APPEAL OF: DEPARTMENT OF PUBLIC WELFARE No. 1631 EDA 2008 2009 PA Super 198 Atlantic: n/a Filed: 10/14/2009
	Appeal from the Order entered May 20, 2008, in the Court of Common Pleas, Philadelphia County, Domestic Relations, No. 99-17726; Pacses No. 849101063
Before: BENDER, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
The Commonwealth of Pennsylvania Department, of Public Welfare (hereinafter DPW) has appealed from a Court of Common Pleas order that vacated a lien against proceeds that were due appellee, Earl R. Walker, Jr., from Allstate Insurance Company pursuant to the settlement of a personal injury lawsuit. We reverse.

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