Superior Court - COMMONWEALTH OF PENNSYLVANIA v. RHANEL ROBERTS

COMMONWEALTH OF PENNSYLVANIA v. RHANEL ROBERTS No. 693 EDA 2008 2009 PA Super 56 Atlantic: 969 A.2d 594 Filed: 3/31/2009
	Appeal from the Order Entered January 31, 2008 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-00002619-2007, CP-51-CR-1003541-2005, CP-51-CR-1003551-2005, CP-51-CR-1003561-2005
Before: FORD ELLIOTT, P.J., ALLEN, and FREEDBERG, JJ
Opinion by: FREEDBERG, J.
The Commonwealth appeals from the order entered on February 1, 2008, which granted the motion to suppress evidence filed by Appellee Rhanel Roberts. After review, we reverse and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ANTONIO GUTIERREZ

COMMONWEALTH OF PENNSYLVANIA v. ANTONIO GUTIERREZ No. 710 and 806 MDA 2008 2009 PA Super 55 Atlantic: 969 A.2d 584 Filed: 3/30/2009
	Appeal from the Judgment of Sentence of April 2, 2008, in the Court of Common Pleas of Berks County, Criminal Division, at No. CP-06-CR-0000329-2007.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Antonio Gutierrez and the Commonwealth have both filed appeals from the judgment of sentence imposed in this case. The Commonwealth complains about the sentencing court’s failure to impose a mandatory minimum sentence that it contends is applicable herein. Gutierrez, who we will refer to as Appellant, assails the adequacy of the warrant utilized to search his residence and the sufficiency of the evidence supporting his conviction for possession of a prohibited offensive weapon. We reject the allegations of error raised by Appellant, but conclude that the Commonwealth’s position is meritorious. We vacate the judgment of sentence and remand for a new sentencing hearing.

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Superior Court - DOUGLAS L. THOMPSON v. T.J. WHIPPLE CONSTRUCTION COMPANY

DOUGLAS L. THOMPSON v. T.J. WHIPPLE CONSTRUCTION COMPANY No. 324 WDA 2008 2009 PA Super 57 Atlantic: n/a Petition for Reargument Denied 5/29/2009 Filed: 3/30/2009
	Appeal from the Order of January 17, 2008, in the Court of Common Pleas of Erie County, Civil Division, at No. 2005-13538.
Before: BOWES, FREEDBERG AND POPOVICH, JJ.
Opinion by: BOWES, J.
Null

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Superior Court - IN RE: ESTATE OF BRUCE E. JOHNSON, DECEASED APPEAL OF: VALERIE S. GAYDOS, EXECUTOR APPEAL OF: DEBORAH ROGERS JOHNSON

IN RE: ESTATE OF BRUCE E. JOHNSON, DECEASED APPEAL OF: VALERIE S. GAYDOS, EXECUTOR APPEAL OF: DEBORAH ROGERS JOHNSON No. 1836 and 1922 MDA 2007 2009 PA Super 54 Atlantic: 970 A.2d 433 Filed: 3/27/2009
	Appeal from the Decree entered on September 21, 2007, in the Court of Common Pleas of Dauphin County, Orphans' Court Division, at No(s). 278 Year 2002.
Before: LALLY-GREEN, GANTMAN and ALLEN, JJ.
Opinion by: LALLY-GREEN, J.
Appellant/Cross-Appellee, Valerie S. Gaydos (“Executor”), executor of the Estate (the “Estate”) of Bruce E. Johnson (the “Deceased”), and Appellee/Cross-Appellant Deborah Rogers Johnson (“Johnson”), appeal from the trial court’s order and decree of September 21, 2007. We affirm in part and vacate in part.

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Superior Court - ADP, INC. v. MORROW MOTORS INC., T/D/B/A MORROW FORD

ADP, INC. v. MORROW MOTORS INC., T/D/B/A MORROW FORD No. 863 WDA 2008 2009 PA Super 52 Atlantic: 969 A.2d 1244 Filed: 3/26/2009
	Appeal from the Judgment May 6, 2008, In the Court of Common Pleas of Beaver County, Civil Division at No. 10352-2006.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Morrow Motors, Inc., t/d/b/a Morrow Ford, appeals the entry of summary judgment in the amount of $131,340.60 in favor of Appellee ADP, Inc. We reverse.

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Superior Court - IN RE: PRIVATE CRIMINAL COMPLAINTS OF JOHN O’BRIEN RAFFERTY APPEAL OF: JOHN O’BRIEN RAFFERTY

IN RE: PRIVATE CRIMINAL COMPLAINTS OF JOHN O’BRIEN RAFFERTY APPEAL OF: JOHN O’BRIEN RAFFERTY No. 194 MDA 2008 2009 PA Super 53 Atlantic: 969 A.2d 578 Filed: 3/26/2009
	Appeal from the Order Entered December 6, 2007 In the Court of Common Pleas of Dauphin County Criminal at No(s): CP-22-CR-0000839-2000
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is a pro se appeal from the December 6, 2007 order entered in the Court of Common Pleas of Dauphin County affirming the Pennsylvania Office of the Attorney General’s denial of Appellant’s three private criminal complaints. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. BLAKE TENNISON

COMMONWEALTH OF PENNSYLVANIA v. BLAKE TENNISON No. 1529 ED 2005 2009 PA Super 51 Atlantic: 969 A.2d 572 Filed: 3/25/2009
	Appeal from the Judgment of Sentence May 10, 2005 In the Court of Common Pleas of Philadelphia County Criminal at No(s): 0401-0083
Before: STEVENS, McCAFFERY, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County after the Court denied Appellant’s pre-sentence motion to withdraw his guilty plea. At issue is whether a defendant provides a “fair and just reason” to withdraw his plea prior to sentencing whenever he asserts his innocence. We hold such an assertion does not divest a judge of discretion to weigh its sincerity according to the totality of circumstances known to the judge, and to deny the motion where, as here, the motion is founded not upon a sincere assertion, but upon a desire to delay sentencing in one case in order to obtain a favorable sentence in another.

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Superior Court - JEFFREY TINDALL and SILVIA TINDALL, Husband and Wife v. BRAD S. FRIEDMAN, D.O., and MARK SCHWEITZER, M.D. and JEFFERSON IMAGING

JEFFREY TINDALL and SILVIA TINDALL, Husband and Wife v. BRAD S. FRIEDMAN, D.O., and MARK SCHWEITZER, M.D. and JEFFERSON IMAGING and THOMAS JEFFERSON UNIVERSITY HOSPITAL and JEFFERSON HEALTH SYSTEM APPEAL OF: MARK SCHWEITZER, M.D. APPEAL OF: BRAD S. FRIEDMAN, D.O. APPEAL OF: JEFFERSON IMAGING No. 3390, 3391 and 3422 EDA 2004 3494 EDA 2005 2009 PA Super 50 Atlantic: 970 A.2d 1159 Petition for Reargument Denied 6/1/2009 Filed: 3/24/2009
	Appeal from the Judgment Entered November 3, 2004, in the Court of Common Pleas, Philadelphia County, Civil Division, at No. 4056 January Term, 2001.
Before: BOWES, SHOGAN and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring and Dissenting Opinion Opinion by: SHOGAN, J.
Dr. Brad S. Friedman, Dr. Mark Schweitzer, and Jefferson Imaging have filed separate appeals from the judgment entered on a jury award in favor of Jeffrey and Silvia Tindall, and the Tindalls have appealed the trial court’s post-trial entry of judgment notwithstanding the verdict (“n.o.v.”) in favor of Jefferson Imaging. We reverse the entry of judgment n.o.v. in favor of Jefferson Imaging and remand for reinstatement of the judgment against that company. We affirm the jury award in favor of the Tindalls, but remand for recalculation of delay damages imposed on that verdict.

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Superior Court - JACQUELINE NIEVES CRUZ and OSCAR CRUZ v. PRINCETON INSURANCE COMPANY, ALAN S. GOLD, ESQUIRE and GOLD, BUTKOVITZ & ROBINS, P.C.

JACQUELINE NIEVES CRUZ and OSCAR CRUZ v. PRINCETON INSURANCE COMPANY, ALAN S. GOLD, ESQUIRE and GOLD, BUTKOVITZ & ROBINS, P.C. No. 3191 and 3192 EDA 2004 2009 PA Super 49 Atlantic: 972 A.2d 14 Filed: 3/24/2009
	Appeal from the Orders Dated October 18, 2004 In the Court of Common Pleas, Civil Division Philadelphia County, No. 000415 March Term 2003
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, TODD*, BENDER, BOWES, and PANELLA, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: ORIE MELVIN, J.
This matter comes before us on remand from the Supreme Court of Pennsylvania for consideration of whether plaintiffs Jacqueline Nieves Cruz and Oscar Cruz (the Cruzes) adduced evidence sufficient to raise a question of material fact concerning the harm element of their claim for Abuse of Process. The Cruzes argue, and we conclude, that the evidence, both direct and circumstantial, does raise such a question. Accordingly, we reverse the order granting summary judgment and remand this matter to the trial court for further proceedings on the Cruzes’ action.

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IN RE: I.J. APPEAL OF: DEPARTMENT OF HUMAN SERVICES No. 2989 EDA 2007 2009 PA Super 48 Atlantic: 972 A.2d 5 Filed: 3/23/2009
	Appeal from the Order entered September 18, 2007, Court of Common Pleas, Philadelphia County, Family Division at Nos. D#2795-05-10; J#377285, July Term, 2007 - 90000
Before: BENDER, DONOHUE and FREEDBERG, JJ.
Opinion by: DONOHUE, J.
The Philadelphia Department of Human Services (“DHS”) appeals from the order of court dated September 18, 2007 denying its Petition for Goal Change to Adoption and Involuntary Termination of Parental Rights of S.M. (“Mother”) and D.J. (“Father”), the parents of I.J. For the reasons that follow, we reverse and remand for further proceedings consistent with this decision.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. TODD R. ALLSHOUSE

COMMONWEALTH OF PENNSYLVANIA v. TODD R. ALLSHOUSE No. 329 WDA 2008 2009 PA Super 47 Atlantic: 969 A.2d 1236 Filed: 3/19/2009
	Appeal from the Judgment of Sentence January 16, 2008, In the Court of Common Pleas of ALLEGHENY County, Criminal at No(s): CC No. 200605517
Before: BOWES, FREEDBERG, and FITZGERALD, JJ
Opinion by: FREEDBERG, J.
Appellant, Todd Allshouse, appeals from the judgment of sentence entered on January 16, 2008. For the reasons discussed below, we vacate and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. WILLIAM MIKELL

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM MIKELL No. 1588 eda 2008 2009 PA Super 44 Atlantic: 968 A.2d 779 Filed: 3/17/2009
	Appeal from the PCRA Order of May 2, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division at No. CP-51-CR-0716051-1987
Before: ORIE MELVIN, ALLEN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from the order dismissing Appellant’s petition filed pursuant to the Post Conviction Relief Act (“PCRA”). Appellant raises two issues for our review: (1) whether the PCRA court erred in refusing to reinstate Appellant’s direct appeal rights nunc pro tunc; and (2) whether the PCRA court erred in failing to either grant Appellant relief on his petition or conduct an evidentiary hearing thereupon. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL JOHN PAUL MACIAS

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL JOHN PAUL MACIAS No. 757 MDA 2008 2009 PA Super 45 Atlantic: 968 A.2d 773 Filed: 3/17/2009
	Appeal from the Judgment of Sentence of December 21, 2007, in the Court of Common Pleas of Huntingdon County, Criminal Division, at No. CP-31-CR-0000235-2006.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Michael John Paul Macias challenges the discretionary aspects of the twenty-to-forty-year term of imprisonment that was imposed after he tendered a guilty plea to third degree murder. We affirm.

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Superior Court - ZURICH AMERICAN INSURANCE COMPANY v. MICHAEL O’HANLON, STEVEN GARFINKEL, JOHN BOYLE, TERRY CADY, RICHARD MILLER, ANTHONY TUREK,

ZURICH AMERICAN INSURANCE COMPANY v. MICHAEL O’HANLON, STEVEN GARFINKEL, JOHN BOYLE, TERRY CADY, RICHARD MILLER, ANTHONY TUREK, GERALD COHN, NATHAN SHAPIRO, WILLIAM GOLDBERG, HARRY T.J. ROBERTS, JOHN MCHUGH, PHILIP JACKSON, MATTHEW GOLDENBERG, MATTHEW COLASANTI, LISA CRUIKSHANK, RAYMOND FEAR, KENNETH GROSSMAN, CEDAR STREET FUND, CEDAR STREET, OFFSHORE FUND, WM HIGH YIELD FUND, WM INCOME FUND, AT HIGH YIELD FUND, WM VT FUND, AT INCOME FUND, EVERGREEN FUNDING LTD., STELLAR FUNDING LTD., DENNIS BUCKLEY, FLEET NATIONAL BANK APPEAL OF: DENNIS BUCKLEY, THE TRUSTEE OF THE DVI LIQUIDATING TRUST No. 1193 EDA 2008 2009 PA Super 42 Atlantic: 968 A.2d 765 Filed: 3/16/2009
	Appeal from the Order Entered March 17, 2008 In the Court of Common Pleas of Philadelphia County Civil Division at No.: February Term, 2006 No. 001948
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
Dennis Buckley, the Trustee of the DVI Liquidating Trust, appeals from the order granting summary judgment in favor of Zurich American Insurance Company in Zurich’s action in equity against the Trustee in which Zurich sought reformation of an insurance policy that it issued to DVI, Inc. For the reasons that follow, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JOHN CHARLES LEE, II

COMMONWEALTH OF PENNSYLVANIA v. JOHN CHARLES LEE, II No. 2278 WDA 2007 2009 PA Super 43 Atlantic: 972 A.2d 1 Filed: 3/13/2009
	Appeal from the Judgment of Sentence entered November 15, 2007, Court of Common Pleas, Westmoreland County, Criminal Division at No. 5434 C 2006
Before: MUSMANNO, DONOHUE and COLVILLE, JJ.
Opinion by: DONOHUE, J.
John Charles Lee, II (“Lee”) appeals from the judgment of sentence entered following his conviction for driving under the influence (“DUI”) pursuant to 75 Pa.C.S.A. § 3802(a)(1) and (c). For the reasons that follow, we reverse and remand for a new trial.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. HAKIM JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. HAKIM JOHNSON No. 3395 EDA 2006 2009 PA Super 41 Atlantic: 969 A.2d 565 Filed: 3/11/2009
	Appeal from the Order entered November 1, 2006 In the Court of Common Pleas of Philadelphia County Criminal No. CP-51-CR-1107921-2005
Before: BOWES, SHOGAN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
The Commonwealth of Pennsylvania, appeals from the order entered in the Philadelphia County Court of Common Pleas, granting the motion to suppress filed by Appellee, Hakim Johnson. We find that the need to identify an unconscious victim, in order to facilitate investigation of the attack, can be an exigent circumstance justifying a warrantless search of the victim’s clothing. We specifically hold that the instant, warrantless search was justified when the police had no reason to believe that Appellee had committed a crime. As a result, we conclude that the suppression court erred as a matter of law in relying on the Supreme Court of Pennsylvania’s decisions in Commonwealth v. Silo, 509 Pa. 406, 502 A.2d 173 (1985) (Silo II), and Commonwealth v. Silo, 480 Pa. 15, 389 A.2d 62 (1978) (Silo I), because the facts of those cases are distinguishable from the instant facts. Accordingly, we reverse the order suppressing the contraband inadvertently found in Appellee’s discarded clothing.

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Superior Court - ANDREW P. GATES v. NANCY J. REED GATES

ANDREW P. GATES v. NANCY J. REED GATES No. 763, 1023 and 1026 WDA 2008 2009 PA Super 40 Atlantic: 967 A.2d 1024 Filed: 3/10/2009
	Appeal from the Orderd Entered April 8, 2008 and May 16, 2008, in the Court of Common Pleas of Clearfield County, Civil Division, at No. 05-1250 C.D.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: BOWES, J.
In these consolidated appeals Nancy Gates (“Mother”) appeals (1) an April 8, 2008 order, wherein the trial court, inter alia, directed her to execute a consent to release records of her psychiatric treatment to Andrew Gates (“Father”); and (2) a May 16, 2008 order finding Mother in contempt for failing to comply with the April 8, 2008 order and summarily suspending her custodial rights to the parties’ son, Jonathan. Upon review, we reverse the April 8, 2008 order in part, and we vacate the May 16, 2008 order.

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Superior Court - PRIME MEDICA ASSOCIATES v. VALLEY FORGE INSURANCE COMPANY, T/A D/B/A AND/OR A/K/A CONTINENTAL CASUALTY COMPANY AND/OR CNA

PRIME MEDICA ASSOCIATES v. VALLEY FORGE INSURANCE COMPANY, T/A D/B/A AND/OR A/K/A CONTINENTAL CASUALTY COMPANY AND/OR CNA No. 3279 and 3331 EDA 2006 2009 PA Super 39 Atlantic: 970 A.2d 1149 Filed: 3/5/2009
	Appeal from the Judgment entered December 27, 2006 In the Court of Common Pleas of Philadelphia County Civil, November Term, 2004, No. 000621
Before: KLEIN, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
The parties, Valley Forge Insurance Company, t/a d/b/a and/or a/k/a Continental Casualty Company and/or CNA (“Insurer”) and Prime Medica Associates (“Insured”), appeal and cross-appeal from the judgment entered in the Philadelphia County Court of Common Pleas in favor of Insured in this breach of contract action. We reverse and remand with instructions.

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