Superior Court - LEBANON COUNTY HOUSING AUTHORITY v. VERONICA LANDECK

LEBANON COUNTY HOUSING AUTHORITY v. VERONICA LANDECK No. 34 MDA 2008 2009 PA Super 37 Atlantic: 967 A.2d 1009 Filed: 2/27/2009
	Appeal from the Judgment entered January 31, 2008 In the Court of Common Pleas of Lebanon County Civil Division, at No. 2006-01289
Before: PANELLA, CLELAND, JJ. and MCEWEN, P.J.E.
Opinion by: CLELAND, J.
Concurring Statement by: McEWEN, P.J.E.
Veronica Landeck (Tenant) appeals the judgment entered January 31, 2008 pursuant to the trial court’s orders of December 4, 2007 and December 13, 2007, the latter denying Tenant’s post-trial motion. The issue before us is whether, under the federal Fair Housing Act (the Act), the trial court mistakenly concluded that Tenant failed to establish a reasonable accommodation defense under the Act and thereby erred in awarding possession of the rental property to the Lebanon County Housing Authority (the Authority). Because the trial court erred in its application of the law and its factual findings are not supported by the record, we reverse and remand in part for a new trial.

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Superior Court - RONALD T. BOLE AND SUSAN M. BOLE v. ERIE INSURANCE EXCHANGE

RONALD T. BOLE AND SUSAN M. BOLE v. ERIE INSURANCE EXCHANGE No. 2248 WDA 2007 2009 PA Super 38 Atlantic: 967 A.2d 1017 Filed: 2/27/2009
	Appeal from the Order entered November 30, 2007 In the Court of Common Pleas of Erie County, Civil, No. 2007-12609
Before: KLEIN, POPOVICH and FITZGERALD, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: FITZGERALD, J.
Ronald T. Bole appeals from the trial court order denying his petition to modify an arbitration award after the arbitrators in a 2-1 vote refused to award him underinsured motorist benefits. Bole suffered serious injuries while responding to call as a volunteer fireman in response to a serious automobile accident. The accident was caused by an underinsured motorist who was driving too fast for conditions and hydroplaned in a severe rainstorm. A bridge on Bole’s property collapsed in the same rainstorm and Bole was badly injured when he was thrown from the truck he was driving on the way to the accident and the truck crushed him against an I-beam. We reverse and remand for further proceedings.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON No. 293 WDA 2008 2009 PA Super 36 Atlantic: 967 A.2d 1001 Filed: 2/26/2009
	Appeal from the Judgment of Sentence January 10, 2008, In the Court of Common Pleas of WASHINGTON County, CRIMINAL at No(s): CP-63-CR-0001735-2006
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FREEDBERG, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas for Washington County after a hearing in which Eric Richard Johnson (“Appellant”) was found to be in violation of his probation. We vacate the sentence and remand to the trial court for resentencing in accordance with the reasoning set forth below.

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Superior Court - ZOKAITES CONTRACTING INC. and WOODSIDE DEVELOPMENT v. TRANT CORPORATION, SHUTY INC., CLASSIC DEVELOPMENT CONSULTANTS, INC., JOHN K TR

ZOKAITES CONTRACTING INC. and WOODSIDE DEVELOPMENT v. TRANT CORPORATION, SHUTY INC., CLASSIC DEVELOPMENT CONSULTANTS, INC., JOHN K TRANT, DONALD P. TRANT, and JOHN DOE No. 624 WDA 2008 2009 PA Super 35 Atlantic: 968 A.2d 1282 Filed: 2/26/2009
	Appeal from the Order Entered March 31, 2008, Court of Common Pleas, Allegheny County, Civil, at No. GD 03-15471
Before: FORD ELLIOTT, P.J., DONOHUE and ALLEN, JJ.
Opinion by: ALLEN, J.
Zokaites Contracting Inc. and Woodside Development (“Appellants”) appeal from the trial court’s March 31, 2008 order certifying its January 30, 2007 order final and appealable. The trial court’s January 30, 2007 order granted in part and denied in part Appellants’ petition to open a judgment of non pros for failing to file a certificate of merit (COM) pursuant to Pa.R.C.P. 1042.3. On appeal, Appellants contend that the trial court erred in requiring them to file a COM to support allegations they made in a breach of contract count; that the trial court erred in finding that they failed to proffer a reasonable explanation for failing to file a COM; and that the trial court erred in failing to open the judgment under Pa.R.C.P. 126 and the equitable considerations of this case. We find no merit in Appellants’ assertions of error; accordingly, we affirm the trial court’s order.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DESMOND SCOTT

COMMONWEALTH OF PENNSYLVANIA v. DESMOND SCOTT No. 912 EDA 2007 2009 PA Super 34 Atlantic: 967 A.2d 995 Filed: 2/25/2009
	Appeal from the Judgment of Sentence March 12, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0609801-2006
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
Desmond Scott appeals the judgment of sentence imposed following his conviction of Escape, 18 Pa.C.S. § 5121, in connection with his failure to return to a Community Correction Center. Scott contends that the evidence adduced at trial was not legally sufficient to sustain his conviction as he was on parole at the time of the events charged and that the record fails to establish otherwise. Upon review, we find no merit in Scott’s assertion. Accordingly, we affirm the judgment of sentence.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DANA WILEY

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COMMONWEALTH OF PENNSYLVANIA v. DANA WILEY No. 1443 WDA 2007 2009 PA Super 33 Atlantic: 966 A.2d 1153 Filed: 2/20/2009
	Appeal from the PCRA Order January 5, 2007 In the Court of Common Pleas of Lawrence County Criminal Division at No. CP-37-CR-0001144-1994
Before: BENDER, GANTMAN and POPOVICH, JJ.
Opinion by: BENDER, J.
Dana Wiley appeals from the January 5, 2007 order that dismissed his second petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. We vacate the order that dismissed the PCRA petition and we remand to the PCRA court for further proceedings as explained herein.

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Superior Court - DARRYL KANE, INDIVIDUALLY AND ON BEHALF OF NEXUS PROFESSIONAL ASSOCIATES, INC. v. MICHAEL A. VIGUNAS, LAURA DOUGLAS AND MAX INTERNATI

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DARRYL KANE, INDIVIDUALLY AND ON BEHALF OF NEXUS PROFESSIONAL ASSOCIATES, INC. v. MICHAEL A. VIGUNAS, LAURA DOUGLAS AND MAX INTERNATIONAL CONVERTERS, INC., JERRY SHENK AND D & E COMMUNICATIONS, INC. No. 2128 MDA 2007 2009 PA Super 31 Atlantic: 967 A.2d 987 Petition for Reargument Denied 4/16/2009 Filed: 2/13/2009
	Appeal from the Order entered November 29, 2007, In the Court of Common Pleas of Lancaster County, Civil, No. CI-02-10790
Before: PANELLA, CLELAND, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Concurring Opinion Opinion by: CLELAND, J.
Appellant, Darryl Kane, individually and on behalf of Nexus Professional Associates, Inc., appeals from the order that refused to reinstate a civil action that had been terminated on grounds of inactivity. We are compelled to reverse and remand this case for further proceedings.

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Superior Court - IN RE: ESTATE OF JOHN E. duPONT, AN ALLEGED INCAPACITATED PERSON APPEAL OF: MARK ANTHONY DEHAVEN

IN RE: ESTATE OF JOHN E. duPONT, AN ALLEGED INCAPACITATED PERSON APPEAL OF: MARK ANTHONY DEHAVEN No. 917 EDA 2008 2009 PA Super 29 Atlantic: 966 A.2d 636 Filed: 2/12/2009
	Appeal from the Order entered February 27, 2008 In the Court of Common Pleas of Delaware County, Orphans’ Court, Case No. 0563-1996
Before: STEVENS, KLEIN and CLELAND, JJ.
Opinion by: KLEIN, J.
Mark Anthony DeHaven appeals from a trial court order denying his petition to open sealed incapacitation proceedings from 1996 involving John E. duPont. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JOHN ARTHUR STUTLER

COMMONWEALTH OF PENNSYLVANIA v. JOHN ARTHUR STUTLER No. 1602 WDA 2007 2009 PA Super 30 Atlantic: 966 A.2d 594 Filed: 2/11/2009
	Appeal from the Judgment of Sentence entered on August 3, 2007 in the Court of Common Pleas of Fayette County, Criminal Division, Nos. 1/4, 2/4 and 3/4 of 2007, 106 of 2007
Before: MUSMANNO, ORIE MELVIN and KLEIN, JJ.
Opinion by: MUSMANNO, J.
John A. Stutler (“Stutler”) appeals from the judgment of sentence imposed after he was found guilty of burglary, criminal conspiracy, criminal attempt to commit theft by unlawful taking, and criminal mischief. We vacate the judgment of sentence and remand for a new trial.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA

COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA No. 334 EDA 2008 2009 PA Super 28 Atlantic: 966 A.2d 930 Filed: 2/11/2009
	Appeal from the Judgment of Sentence November 19, 2007 In the Court of Common Pleas of Chester County Criminal Division at No. CP-15-CR-0004017-2007
Before: ORIE MELVIN, CLELAND AND POPOVICH, JJ.
Opinion by: CLELAND, J.
Ulises Luna Nava (Luna), an illegal alien, appeals the November 19, 2007 judgment of sentence and the December 26, 2007 partial denial of his post-sentence motion to modify sentence. His appeal raises the question whether a sentencing court, as a condition of parole, may require an illegal alien, convicted of driving under the influence, to remove himself from the Commonwealth of Pennsylvania within ten days of the beginning of his parole. For reasons that follow, we vacate that portion of his sentence which imposes the condition.

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Superior Court - ROBERT VANAMAN, EXECUTOR OF THE ESTATE OF VIOLET VANAMAN, DECEASED AND ROBERT VANAMAN, WIDOWER IN HIS OWN RIGHT v. DAP, INC. AND CROW

ROBERT VANAMAN, EXECUTOR OF THE ESTATE OF VIOLET VANAMAN, DECEASED AND ROBERT VANAMAN, WIDOWER IN HIS OWN RIGHT v. DAP, INC. AND CROWN CORK & SEAL COMPANY, INC. No. 334 EDA 2008 2009 PA Super 27 Atlantic: 966 A.2d 603 Filed: 2/11/2009
	Appeal from the Judgment entered September 13, 2006 In the Court of Common Pleas of Philadelphia County Civil at No(s): January Term, 2004 -- No. 3713
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, KLEIN, GANTMAN, PANELLA, and DONOHUE, JJ.
Opinion by: STEVENS, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Following settlement and the entry of judgment on September 13, 2006, with regard to the last remaining defendant in a mass asbestos products liability action, Appellant Robert Vanaman, as Executor of the Estate of his wife, Violet Vanaman, and in his own right, presents challenges to the orders entered in the Court of Common Pleas of Philadelphia County granting summary judgment in favor of two manufacturers, Crown Cork & Seal Company (hereinafter Crown Cork), and DAP, Inc. (hereinafter DAP). We affirm.

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Superior Court - JON BURGER AND LOIS BURGER, H/W, v. OWENS ILLINOIS, INC., CROWN CORK & SEAL COMPANY, INC., DAP, INC. AND PNEUMO ABEX LLC

JON BURGER AND LOIS BURGER, H/W, v. OWENS ILLINOIS, INC., CROWN CORK & SEAL COMPANY, INC., DAP, INC. AND PNEUMO ABEX LLC No. 2836 EDA 2006 2009 PA Super 26 Atlantic: 966 A.2d 611 Filed: 2/11/2009
	Appeal from the Judgment entered September 13, 2006 In the Court of Common Pleas of Philadelphia County Civil at No(s): January Term, 2006 -- No. 4920
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, KLEIN, GANTMAN, PANELLA, and DONOHUE, JJ.
Opinion by: STEVENS, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Following settlement and the entry of judgment on September 13, 2006, with regard to the last remaining defendant in a mass asbestos products liability action, Appellants Jon and Lois Burger present challenges to the orders entered in the Court of Common Pleas of Philadelphia County granting summary judgment in favor of four manufacturers, Crown Cork & Seal Company (hereinafter Crown Cork), DAP, Inc. (hereinafter DAP), Pneumo Abex LLC (successor by merger to Pneumo Abex Corporation) (hereinafter Pneumo Abex), and Owens-Illinois, Inc. (hereinafter Owens-Illinois). We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALTON CRORK

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALTON CRORK No. 1794 MDA 2007 2009 PA Super 24 Atlantic: 966 A.2d 585 Filed: 2/10/2009
	Appeal from the Judgment of Sentence September 12, 2007 In the Court of Common Pleas of Lancaster County Criminal at No(s): CP-36-CR-0003206-2006
Before: STEVENS, FREEDBERG, and POPOVICH, JJ.
Opinion by: STEVENS, J.
Concurring and Dissenting Opinion by: POPOVICH, J.
Jeffrey Crork appeals from a September 12, 2007 judgment of sentence entered following his conviction for robbery pursuant to 18 Pa.C.S.A. § 3701. We affirm.

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Superior Court - IN RE: D.L.H., an incapacitated person

IN RE: D.L.H., an incapacitated person No. 336 MDA 2008 2009 PA Super 25 Atlantic: 967 A.2d 971 Petition for Reargument Denied 4/16/2009 Filed: 2/10/2009
	Appeal from the Order Entered January 24, 2008, Court of Common Pleas, Cumberland County, Orphan’s Division, at No. 21-02-293
Before: LALLY-GREEN, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
In a matter of first impression, this Court, inter alia, is asked to determine whether, under the facts of this case, the legal guardians of a life-long incompetent person can refuse life sustaining medical treatment on behalf of the incompetent. Additionally, this Court must decide if the incompetent’s common law right to refuse medical treatment, as vicariously asserted by the guardians, was infringed based upon the circumstances at bar.

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Superior court - STEVEN WITTRIEN v. GARY AND BRENDA BURKHOLDER

STEVEN WITTRIEN v. GARY AND BRENDA BURKHOLDER No. 454 MDA 2008 2009 PA Super 23 Atlantic: 965 A.2d 1229 Filed: 2/6/2009
	Appeal from the Judgment entered on February 8, 2008, in the Court of Common Pleas of Lancaster County, Civil Division, at No(s). CI-06-04401.
Before: LALLY-GREEN, GANTMAN and ALLEN, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, Steven Wittrien, appeals from the February 8, 2008 judgment entered against him in his negligence action against Appellees, Gary and Brenda Burkholder. We affirm.

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Superior Court - BRUCE JOHNSON, ADMINISTRATOR OF THE ESTATE OF THORNTON JOHNSON v. AMERICAN STANDARD, AMCHEM PRODUCTS, INC., A.W. CHESTERTON, INC., BE

BRUCE JOHNSON, ADMINISTRATOR OF THE ESTATE OF THORNTON JOHNSON v. AMERICAN STANDARD, AMCHEM PRODUCTS, INC., A.W. CHESTERTON, INC., BENJAMIN FOSTER CO., BRAND INSULATIONS, BROWN BOVERI CORP., BURNHAM BOILER CORP., CERTAINTEED CORPORATION, CRANE CO., DEMMING DIVISION, CRANE PACKING, CROUSE-HINDS, CROWN CORK & SEAL, INC., DRESSER INDUSTRIES, INC., EASTERN GUNNITE CO., INC., GEOGIA-PACIFIC CORPORATION, GOULD PUMPS, INC., GREEN TWEED & COMPANY, INC., HAJOCA PLUMBING CO., INGERSOLL RAND CO., J.H. REFRACTORIES CO., METROPOLITAN LIFE INSURANCE, NOSROC CORP., OWENS-ILLINOIS, INC., PECORA CORPORATION, RILEY STOKER CORPORATION, UNION CARBIDE CORP., WALTER B. GALLAGHER CO., WEIL MCLAIN CO., VIACOM/WESTINGHOUSE ELECTRIC CORPORATION, BONDEX INTERNATIONAL INC., CLEAVER BROOKS CO., DURABLA, DURAMETALLIC CORPORATION, GENERAL ELECTRIC COMPANY, GOODYEAR TIRE & RUBBER CO.,GOODYEAR CANADA, INC., HERCULES CHEMICAL CO., HERMAN GOLDNER COMPANY, IMO INDUSTRIES, INC., ITT CORPORATION, MELRATH GASKET, INC., PARS MANUFACTURING COMPANY, RITE HOSE & PACKING, INC., ROCKBESTOS COMPANY, MCMASTER CARR SUPPLY HOUSE APPEAL OF: BRUCE JOHNSON DOROTHY MAUGER, EXECUTRIX OF THE ESTATE OF RUSSELL MAUGER AND IN HER OWN RIGHT v. A.W. CHESTERTON, INC., CERTAINTEED CORP., INC., CRANE CO., CRANE PACKING, CROWN CORK & SEAL CO., INC., DURABLA MANUFACTURING CO., FOSECO, INC., GARLOCK, INC., GEORGIA-PACIFIC CORP., GOODYEAR TIRE & RUBBER CO., GOODYEAR CANADA, INC., GOULDS PUMPS, INC., GREEN TWEED & CO., INC., HERCULES CHEMICAL CO., J.H. REFRACTORIES CO., METROPOLITAN LIFE INSURANCE, NOSROC CORP., PECORA CORP., RAPID AMERICAN CORP., UNION CARBIDE CORP., VIACOM/WESTINGHOUSE ELECTRIC CORPORATION APPEAL OF: DOROTHY MAUGER DOLORES STEA, ADMINISTRATRIX OF THE ESTATE OF JOSEPH STEA AND IN HER OWN RIGHT v. A.W. CHESTERTON, INC., CRANE CO., DEMMING DIVISION, CROWN CORK & SEAL CO., INC., FOSTER WHEELER CORP., INC., GARLOCK, INC., GENERAL ELECTRIC CO., GOULDS PUMPS, INC., GREEN TWEED & CO., INC., MELRATH GASKET, INC., METROPOLITAN LIFE INSURANCE, PECORA CORPORATION, RAPID AMERICAN CORP., BEVCO INDUSTRIES, WEIL MCLAIN CO., VIACOM/WESTINGHOUSE ELECTRIC CORP. APPEAL OF: DOLORES STEA No. 2954, 2955 and 2956 EDA 2006 2009 PA Super 22 Atlantic: 966 A.2d 573 Filed: 2/6/2009
	Appeal from the Orders entered on October 3, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at Nos. 3609, November Term, 2005, 2154, November Term, 2004 and 1631 November Term, 2004
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, KLEIN, GANTMAN, PANELLA, AND DONOHUE, JJ.
Opinion by: LALLY-GREEN, J.
Dissenting Opinion by: KLEIN, J.
In these asbestos cases, Appellants Bruce Johnson, et al. appeal from the orders dated October 3, 2006, granting summary judgment to Appellee Crown Cork & Seal Co. (“Crown”). The trial court reasoned that Crown was insulated from liability by 15 Pa.C.S.A. § 1929.1 (“the Statute”). Appellants agree that the Statute, on its face, protects Crown. Appellants argue, however, that the Statute: (1) violates the dormant Commerce Clause of the United States Constitution; (2) violates the Equal Protection Clause of the U.S. Constitution and the Pennsylvania Constitution; and (3) violates various enactment provisions of the Pennsylvania Constitution. We conclude that Appellants lack standing to raise these constitutional challenges. Therefore, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. RUSSELL WOODS

COMMONWEALTH OF PENNSYLVANIA v. RUSSELL WOODS No. 2711 eda 2007 2009 PA Super 19 Atlantic: 965 A.2d 1225 Filed: 2/4/2009
	Appeal from the Judgment of Sentence September 17, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0810251-2004
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following the revocation of Appellant’s probation. Appellant’s sole contention is that he was denied his right to a speedy violation of probation (VOP) hearing pursuant to Pennsylvania Rule of Criminal Procedure 708. We affirm.

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Superior Court - ESTATE OF MATTHEW CONSIDINE v. WACHOVIA BANK AND ROBERT E. ROZINSKI

ESTATE OF MATTHEW CONSIDINE v. WACHOVIA BANK AND ROBERT E. ROZINSKI No. 3191 EDA 2007 2009 PA Super 21 Atlantic: 966 A.2d 1148 Filed: 2/4/2009
	Appeal from the Order entered November 7, 2007 In the Court of Common Pleas of Montgomery County Civil No. 05-15251
Before: SHOGAN, KELLY, JJ. & McEWEN, P.J.E.
Opinion by: KELLY, J.
The estate of Matthew Considine, Appellant, has filed an appeal from the order entered by the Court of Common Pleas of Montgomery County granting Appellee Robert Rozinski’s motion for summary judgment. We quash, finding that we do not have jurisdiction to hear the appeal.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DAVID PAGE

COMMONWEALTH OF PENNSYLVANIA v. DAVID PAGE No. 451 WDA 2008 2009 PA Super 20 Atlantic: 965 A.2d 1212 Filed: 2/3/2009
	Appeal from the Judgment of Sentence February 28, 2008, In the Court of Common Pleas of Lawrence County, Criminal at No. 442/06
Before: FORD ELLIOTT, P.J., FREEDBERG, J. AND MCEWEN, P.J.E.
Opinion by: FREEDBERG, J.
Concurring and Dissenting Statement by: McEWEN, P.J.E.
This is an appeal from judgment of sentence entered by the Court of Common Pleas of Lawrence County after a jury convicted David Page of two counts of aggravated indecent assault, 18 Pa.C.S.A. § 3125(a)(7) and (b), one count of indecent assault, 18 Pa.C.S.A. § 3126(a)(7), and one count of corruption of minors, 18 Pa.C.S.A. 6301(a). Appellant was sentenced to a term of incarceration of five to ten years. Appellant contends that the trial court erred when it failed to suppress a statement made by Appellant, when it permitted evidence of prior bad acts, when it allowed the Commonwealth to amend the information after close of the evidence and prior to closing arguments, and when it allowed the Commonwealth to discuss prior bad acts of Appellant during its closing argument. We affirm.

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