Superior Court - COMMONWEALTH OF PENNSYLVANIA v. EUGENE CLINTON JACKSON

COMMONWEALTH OF PENNSYLVANIA v. EUGENE CLINTON JACKSON No. 2001 MDA 2007 2009 PA Super 17 Atlantic: 965 A.2d 280 Filed: 1/30/2009
	Appeal from the PCRA Order entered November 15, 2007 In the Court of Common Pleas of Dauphin County Criminal No. CP-22-CR-0001248-2002
Before: LALLY-GREEN, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Eugene Clinton Jackson, appeals pro se from the order of the Dauphin County Court of Common Pleas, denying his second petition filed pursuant to the Post Conviction Relief Act (PCRA). Appellant has also filed a petition to supplement his brief. We hold that the PCRA court erred when it dismissed appointed counsel sua sponte after the evidentiary hearing. Accordingly, we deny Appellant’s petition as moot, but remand for appointment of counsel.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER

COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER No. 1016 EDA 2007 2009 PA Super 18 Atlantic: 971 A.2d 495 Filed: 1/30/2009
	Appeal from the Judgment of Sentence of October 23, 2006 in the Court of Common Pleas of Carbon County, Criminal, No. CP-13-CR-0000267-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: KLEIN, J.
Concurring Opinion by: CLELAND, J.
Dissenting Opinion by: STEVENS, J.
Wendy Colleen Kneller appeals from a conviction for criminal conspiracy to commit cruelty to animals, in violation of Title 3, Section 325 of the Dog Law, for providing a gun and asking co-owner, Randy Miller, to kill their dog after it bit Kneller’s child. We note that the statutory language of section 325, et seq., titled “Destruction of Injured, Etc., Animals,” is not merely unclear on its face but, upon further analysis, can only be characterized as confusing. Moreover, since these various sections of the Dog Law, when read together in a reasonable manner, permit a dog owner to destroy a dog by use of a firearm, we find that the entire Dog Law is ambiguous, and under the rule of lenity, no criminal conviction under that section can stand if an owner shoots his or her dog or cat. Therefore, we reverse Kneller’s conviction.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. TIMOTHY HOPFER

COMMONWEALTH OF PENNSYLVANIA v. TIMOTHY HOPFER No. 3427 EDA 2007 2009 PA Super 16 Atlantic: 965 A.2d 270 Filed: 1/28/2009
	Appeal from the PCRA Order entered November 8, 2007 In the Court of Common Pleas of Chester County Criminal No. CP-15-CR-0001417-2006
Before: ORIE MELVIN, KLEIN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Timothy Hopfer, files this pro se appeal from the order of the Chester County Court of Common Pleas, dismissing as untimely his first petition filed pursuant to the Post Conviction Relief Act (PCRA). The PCRA court found all of his claims waived because his Pa.R.A.P. 1925(b) statement was untimely filed. Appellant has also filed a motion to amend and supplement statement of matters complained of on appeal. We hold that when an appellant timely files for an enlargement or extension of time within which to file his Rule 1925(b) statement, the trial court must explain why it finds that good cause was not shown before it may deny the request. We further hold that this Court’s decision in Commonwealth v. Bond, 630 A.2d 1281 (Pa. Super. 1993), does not apply when the PCRA court grants counsel’s request to withdraw representation and dismisses the PCRA petition less than twenty days before the petitioner receives counsel’s official request for withdrawal. Accordingly, we vacate the PCRA court’s order and deny as moot Appellant’s motion to amend and supplement statement.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MARK WILLIAM MILLER

COMMONWEALTH OF PENNSYLVANIA v. MARK WILLIAM MILLER No. 835 EDA 2008 2009 PA Super 14 Atlantic: 965 A.2d 276 Filed: 1/28/2009
	Appeal from the Judgment of Sentence November 26, 2007 In the Court of Common Pleas of Monroe County Criminal at No(s): CP-45-CR-0001168-2005
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
Concurring Statement by: KLEIN, J.
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Monroe County on November 26, 2007, following Appellant’s plea of guilty to the charge of murder of the third degree. Herein, Appellant contends that the trial court abused its discretion when, in imposing sentence, it considered a charge that was nolle prossed as part of the plea agreement. We affirm the judgment of sentence.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA (Appellate at 1185) v. FELIPO MALDONADO COMMONWEALTH OF PENNSYLVANIA (Appellant at 1186) v. REINALDO ORT

COMMONWEALTH OF PENNSYLVANIA (Appellate at 1185) v. FELIPO MALDONADO COMMONWEALTH OF PENNSYLVANIA (Appellant at 1186) v. REINALDO ORTIZ-SANTANA No. 1185 & 1186 MDA 2007 2009 PA Super 15 Atlantic: 966 A.2d 1144 Petition for Reargument Denied 4/2/2009 Filed: 1/27/2009
	Appeal from Order dated June 25, 2007 In the Court of Common Pleas of Berks County Criminal at No(s): CP-06-CR-0000205-2007 and CP-06-CR-0005278-2006
Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ.
Opinion by: STEVENS, J.
This is a consolidated appeal from the order entered by the Court of Common Pleas of Berks County granting Appellees’ respective petitions for Writ of Habeas Corpus and dismissing the charge of Escape, 18 Pa.C.S.A. § 5121(a) that had been filed against each parolee for leaving a detainment facility without permission. The Commonwealth argues the trial court erred in concluding section 5121 necessarily excludes from its reach parole violators who have been arrested and placed in a facility pending their parole violation hearing. As we agree with the Commonwealth, we vacate and remand.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. PARRIS PRIDGEN

COMMONWEALTH OF PENNSYLVANIA v. PARRIS PRIDGEN No. 278 WDA 2008 2009 PA Super 12 Atlantic: 965 A.2d 1208 Filed: 1/26/2009
	Appeal from the Order Entered January 7, 2008, In the Court of Common Pleas Of Cambria County, Criminal at No. CP-11-CR-0000027-2007
Before: BOWES, FREEDBERG and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
The Commonwealth appeals from the order entered on January 7, 2008, by the Honorable Timothy P. Creany, Court of Common Pleas of Cambria County, which granted in part and denied in part the motion to suppress evidence filed by Appellee Parris Pridgen. After review, we affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - JAMES BAYNE and ROSE BAYNE v. ASHLEE SMITH

JAMES BAYNE and ROSE BAYNE v. ASHLEE SMITH No. 1755 WDA 2007 2009 PA Super 11 Atlantic: 965 A.2d 265 Filed: 1/26/2009
	Appeal from the Judgment entered August 29, 2007 in the Court of Common Pleas of Washington County, Civil Division, at No. 2006-9338.
Before: FORD ELLIOTT, P.J., ORIE MELVIN, and SHOGAN, JJ.
Opinion by: ORIE MELVIN, J.
Appellants, James and Rose Bayne (Landlord), appeal from the trial court’s refusal to include attorney’s fees as part of the judgment entered against Appellee, Ashlee Smith (Tenant), in this Landlord/Tenant dispute. After review, we find the trial court erred in refusing to permit recovery of attorney’s fees and remand for further proceedings in accordance with this opinion.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - WELLS FARGO BANK, N.A. FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-MCWI v. JUDY

WELLS FARGO BANK, N.A. FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-MCWI v. JUDY MONROE AND JOSEPH MONROE No. 464 WDA 2008 2009 PA Super 13 Atlantic: 966 A.2d 1140 Filed: 1/26/2009
	Appeal from the Judgment February 6, 2008 In the Court of Common Pleas of Westmoreland County Civil Division at No. 3376 of 2007
Before: BENDER, GANTMAN and POPOVICH, JJ.
Opinion by: BENDER, J.
Judy and Joseph Monroe appeal from the judgment entered on February 6, 2008, which resulted from the February 1, 2008 court order granting the motion for summary judgment in mortgage foreclosure filed by Wells Fargo Bank, N.A. The February 1, 2008 order also denied the Monroes’ cross motion for summary judgment. We affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COVE CENTRE, INC. v. WESTHAFER CONSTRUCTION, INC.

COVE CENTRE, INC. v. WESTHAFER CONSTRUCTION, INC. No. 1463 MDA 2007 2009 PA Super 10 Atlantic: 965 A.2d 259 Filed: 1/26/2009
	Appeal from the Judgment Entered July 23, 2007 In the Court of Common Pleas of Perry County Civil Division at No. 2005-247
Before: ORIE MELVIN, BENDER and FITZGERALD, JJ.
Opinion by: BENDER, J.
Westhafer Construction, Inc. (Westhafer) appeals the judgment entered in favor of Cove Centre, Inc. (Cove Centre) following imposition of discovery sanctions by the trial court. The court’s order declared requests for admission to be admitted, precluded expert testimony, and entered judgment for the amount disputed by the parties in the sum of $293,701.76. Westhafer contends that the court’s order constitutes an abuse of discretion as the court imposed the sanction without first allowing the defendant to be heard or entering an order compelling discovery. The trial court, upon reconsideration of the order, concluded that it had erred but determined that it was divested of jurisdiction given the pendency of an appeal before this Court. Upon review, we conclude that entry of the order did exceed the court’s discretion under the circumstances. Accordingly, we reverse the order, vacate the judgment, and reinstate the underlying action.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - IN THE INTEREST OF F.C., III, a minor APPEAL OF: F.C., III

IN THE INTEREST OF F.C., III, a minor APPEAL OF: F.C., III No. 1302 WDA 2007 2009 PA Super 9 Atlantic: 966 A.2d 1131 Petition for Reargument Denied 1/23/2009 Filed: 1/23/2009
	Appeal from the Order of June 12, 2007, in the Court of Common Pleas of Allegheny County, Civil Division at No. Docket No. 1081-07, History No. 67217-C
Before: MUSMANNO, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
F.C., a minor, appeals the order committing him to involuntary drug and/or alcohol treatment under 71 P.S. § 1690.112a (commitment of minors, “Act 53”). The issues are: (1) whether F.C. was denied due process when, based solely on a petition for involuntary drug treatment, he was detained and subjected to a drug and alcohol assessment in which he was compelled to divulge private information without first being given notice and an opportunity to test the allegations in the petition; (2) whether his right to counsel was infringed when he was assessed without counsel present; (3) whether he was denied due process by being restrained in shackles prior to and during the hearing to determine his involuntary commitment; (4) whether his right to counsel was infringed during the hearing because, being held in restraints, he could not communicate with his counsel. We affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

IN RE: I.L.P. AND I.L.P. JOINT PETITION ON ASSISTED CONCEPTION BIRTH REGISTRATION APPEAL OF: C.-H.L. AND T.J.P., G.S. AND B.S. No. 786 WDA 2008 2009 PA Super 8 Atlantic: 965 A.2d 251 Filed: 1/21/2009
	Appeal from the Decree April 2, 2008, In the Court of Common Pleas of Allegheny County, Orphans' Court Division at No. 02-06-04655.
Before: KLEIN, POPOVICH, and FITZGERALD, JJ.
Opinion by: POPOVICH, J.
Appellants, gestational carrier (G.S., along with her husband, B.S.) and birth parent (C.-H.L., along with his life partner, T.J.P.) of twins (I.L.P. and I.L.P.), appeal the Decree of the Court of Common Pleas of Allegheny County, Orphans’ Court Division, entered on April 2, 2008, denying Appellants’ petition requesting correction of the birth registration of the twins. We reverse.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - DIANE P. RICH v. JOHN W. RICH, JR.

DIANE P. RICH v. JOHN W. RICH, JR. No. 93 MDA 2008 2009 PA Super 7 Atlantic: 967 A.2d 400 Filed: 1/15/2009
	Appeal from the Order Entered January 3, 2008 In the Court of Common Pleas of Schuylkill County Domestic Relations at Nos.: 2003-36076 PACSES No. 658105245
Before: Orie Melvin, Bender and Fitzgerald, JJ.
Opinion by: BENDER, J.
John W. Rich, Jr., (Father) appeals from the January 3, 2008 order directing that he pay child support to Diane P. Rich (Mother) on behalf of the parties’ four children. Mother cross-appeals from the same order. We affirm in part and vacate and remand in part.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC.

LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC. No. 582 EDA 2007 2009 PA Super 5 Atlantic: 967 A.2d 963 Petition for Reargument Denied 3/18/2009 Filed: 1/15/2009
	Appeal from the Order Dated February 1, 2007, in the Court of Common Pleas of Philadelphia County Civil Division at No. July Term, 2006, No. 002187
Before: FORD ELLIOTT, P.J., PANELLA AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
In this appeal of a class action, appellants challenge the sustaining of preliminary objections to their complaint. Among those objections were two in the nature of a demurrer, which encompassed each of the four substantive counts of appellants’ complaint, and which effectively terminated the litigation and disposed of the entire case. The court also sustained an objection to venue in Philadelphia County. Upon review, we reverse and remand for further proceedings.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - MICAH L. SHAFFER AND JAYME D. SHAFFER, H/W v. JOHN M. O’TOOLE AND KATHLEEN O’TOOLE, H/W

MICAH L. SHAFFER AND JAYME D. SHAFFER, H/W v. JOHN M. O’TOOLE AND KATHLEEN O’TOOLE, H/W No. 1858 MDA 2007 2009 PA Super 6 Atlantic: 964 A.2d 420 Filed: 1/15/2009
	Appeal from the Judgment entered January 4, 2008 in the Court of Common Pleas of Northumberland County, Civil Division, at No. 2006-967.
Before: ORIE MELVIN, BENDER and FITZGERALD, JJ.
Opinion by: ORIE MELVIN, J.
Appellants, Micah L. Shaffer and his wife, Jayme D. Shaffer, appeal from the judgment entered establishing title to the disputed one acre tract of land in Appellees, John M. O’Toole and his wife, Kathleen O’Toole, based upon their claim of adverse possession. After review, we affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER HANNA

COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER HANNA No. 247 EDA 2008 2009 PA Super 3 Atlantic: 964 A.2d 923 Filed: 1/14/2009
	Appeal from the Order entered on December 17, 2007, in the Court of Common Pleas of Chester County, Criminal Division, at No(s). CP-15-CR-0001131-2004.
Before: LALLY-GREEN, KLEIN, and GANTMAN, JJ.
Opinion by: LALLY-GREEN, J.
Concurring Opinion by: KLEIN, J.
Appellant, Christopher Hanna, appeals from the order entered on December 17, 2007, denying his petition to expunge. We vacate and remand.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEG

DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEGAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL INS. CO., ALSO KNOWN AS DONEGAL INSURANCE, ALSO KNOWN AS DONEGAL, A CORPORATION, PARTNERSHIP, PROPRIETORSHIP, ASSOCIATION, OR OTHER ENTITY No. 1744 WDA 2007 2009 PA Super 4 Atlantic: 964 A.2d 413 Filed: 1/14/2009
	Appeal from the Order, August 22, 2007, in the Court of Common Pleas of Westmoreland County Civil Division at No. 145 of 2003
Before: FORD ELLIOTT, P.J., ORIE MELVIN AND SHOGAN, JJ.
Opinion by: FORD ELLIOT, P.J.
Donegal Mutual Insurance Company (“Donegal”) appeals the order of August 22, 2007, granting Darla J. Toth’s (“Toth”) motion for summary judgment. Toth was in a motor vehicle accident and subsequently filed a claim for underinsured motorist (“UIM”) benefits under her policy with Donegal, which denied the claim on the basis that Toth had rejected UIM coverage. The trial court determined that the form rejecting UIM coverage was void because it was not signed by Toth, the first named insured, as required by the MVFRL; rather, the form was signed by Toth’s husband, John D. Toth, in both their names and allegedly with Toth’s permission. After careful review, we reverse.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG

FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG No. 1173 eda 2008 2009 PA Super 2 Atlantic: 963 A.2d 912 Filed: 1/7/2009
	Appeal from the Order entered March 19, 2008 In the Court of Common Pleas of Chester County Civil at No(s): 07-12260
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the Order entered in the Court of Common Pleas of Chester County on March 19, 2008, sustaining the Preliminary Objections of Appellees William C. Altig and Julie A. Altig (hereinafter “Appellees”) and striking the Mechanics’ Lien Claim filed by Appellant Floors, Inc., d/b/a Creative Touch Interiors (hereinafter “Appellant”). We affirm

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT STARR SCASSERA

COMMONWEALTH OF PENNSYLVANIA v. ROBERT STARR SCASSERA No. 605 WDA 2008 2009 PA Super 1 Atlantic: 965 A.2d 247 Filed: 1/5/2009
	Appeal from Order entered February 29, 2008, in the Court of Common Pleas of Beaver County, Criminal Division, No. CP-04-CR-1219-1999
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
This matter is before the Court on Robert Starr Scassera’s appeal from the order of the Court of Common Pleas of Beaver County denying his amended petition under the Post-Conviction Relief Act (“PCRA”). We reverse the order, vacate sentence, and remand.

-----------------------------------------------------
Want 50 state & federal case law? - click here