COMMONWEALTH OF PENNSYLVANIA v. GREGORY PHILIP KENDALL

COMMONWEALTH OF PENNSYLVANIA v. GREGORY PHILIP KENDALL No. 1031 MDA 2008 2009 PA Super 100 Atlantic: n/a Filed: 5/29/2009
	Appeal from the Judgment of Sentence of May 22, 2008 In the Court of Common Pleas of Franklin County, Criminal, No, CP-28-CR-0002103-2007
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: KELLY, J.
¶ 1 Gregory Kendall appeals from the judgment of sentence imposed by the Franklin County Court of Common Pleas after he was convicted of driving under the influence of alcohol (“DUI”), 75 Pa.C.S.A. § 3802(b). Kendall argues that the trial court erred in failing to suppress all evidence supporting the DUI conviction because the arresting police officer lacked reasonable suspicion. Because we find that the level of interaction between Kendall and the police officers began as a mere encounter, where reasonable suspicion is not required, we affirm.

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DONNA MASTRONI-MUCKER, CHARLES MUCKER, AND JOANNE MASTRONI-MORTON v. ALLSTATE INSURANCE COMPANY AND MASTRONI BROTHERS ROOFING

DONNA MASTRONI-MUCKER, CHARLES MUCKER, AND JOANNE MASTRONI-MORTON v. ALLSTATE INSURANCE COMPANY AND MASTRONI BROTHERS ROOFING No. 3176 EDA 2007 2009 PA Super 101 Atlantic: n/a Petition for Reargument Denied 8/3/2009 Filed: 5/29/2009
	Appeal from the Judgment entered November 20, 2007 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 003115, March Term, 2005.
Before: ORIE MELVIN, BOWES AND DONOHUE, JJ.
Opinion by: ORIE MELVIN, J.
This is an appeal from an Order entered October 31, 2007, denying Appellants’, Donna Mastroni-Mucker, Charles Mucker and Joanne Mastroni-Morton, post-trial motion to enforce settlement against Appellees, Allstate Insurance Company and Mastroni Brothers Roofing (Mastroni Brothers). For the reasons that follow, we reverse the Order denying enforcement of the settlement, and vacate the judgment entered on November 20, 2007.

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REGIS INSURANCE COMPANY v. ALL AMERICAN RATHSKELLER, INC.; JASON, RYAN, CHRIS, CURTIS ROSENGRANT; COLIN HAUGHTON, GRACE JIMINEZ, ADMISTRATRIX OF THE

REGIS INSURANCE COMPANY v. ALL AMERICAN RATHSKELLER, INC.; JASON, RYAN, CHRIS, CURTIS ROSENGRANT; COLIN HAUGHTON, GRACE JIMINEZ, ADMISTRATRIX OF THE ESTATE OF SALVADORE PETER SERRANO, AND BROOKE E. MORGAN No. 773 MDA 2007 2009 PA Super 99 Atlantic: n/a Filed: 5/28/2009
	Appeal from the Judgment entered April 9, 2007, Court of Common Pleas, Centre County, Civil Division at No. 2004-4369
Before: FORD ELLIOTT, P.J., DONOHUE and POPOVICH, JJ.
Opinion by: DONOHUE, J.
Appellant Regis Insurance Company (“Regis”) filed this declaratory judgment action to resolve a dispute over the extent of its coverage obligations to Appellee All-American Rathskeller (“Rathskeller”) under a Special Multi-Peril Policy. The trial court granted summary judgment to Rathskeller. In this appeal, Regis contends that the trial court erred in doing so and should instead have granted summary judgment in its favor or allow the declaratory judgment action to proceed to trial. After careful review, we reverse the entry of summary judgment in favor of Rathskeller and remand with instructions to enter summary judgment in favor of Regis.

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FRED G. ANDREW v. CUNA BROKERAGE SERVICES, INC. and EMMOR E. BOSLET

FRED G. ANDREW v. CUNA BROKERAGE SERVICES, INC. and EMMOR E. BOSLET No. 1623 MDA 2007 2009 PA Super 98 Atlantic: n/a Filed: 5/27/2009
	Appeal from the Judgment entered September 3, 2008, in the Court of Common Pleas of Dauphin County, Pennsylvania. Civil, at No. 2007-CV-3772 MP.
Before: ALLEN, CLELAND and FITZGERALD, JJ.
Opinion by: ALLEN, J.
This case arises out of a statement of claim filed by Fred G. Andrew (“Appellant”) against CUNA Brokerage Services and Emmor E. Boslet (“Appellees”).

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COMMONWEALTH OF PENNSYLVANIA v. JOSEPHY ALBERTO VENTURA

COMMONWEALTH OF PENNSYLVANIA v. JOSEPHY ALBERTO VENTURA No. 697 MDA 2008 2009 PA Super 96 Atlantic: 975 A.2d 1128 Filed: 5/26/2009
	Appeal from the Judgment of Sentence entered November 13, 2007, Court of Common Pleas, Centre County, Criminal Division at No. CP-14-CR-0000651-2006
Before: FORD ELLIOTT, P.J., STEVENS and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Josephy Alberto Ventura (“Ventura”) appeals from the judgment of sentence entered on November 13, 2007, following his conviction for third-degree murder, 18 Pa.C.S.A. § 2502(c). The conviction stemmed from an incident on February 17, 2006, at Club Love, a bar in State College, Pennsylvania, in which Michael Donahue (“Victim”) died following a single stab to the heart. After careful consideration, we affirm.

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COMMONWEALTH OF PENNSYLVANIA, v. DANIEL J. SCHMOHL

COMMONWEALTH OF PENNSYLVANIA, v. DANIEL J. SCHMOHL No. 281 MDA 2008 2009 PA Super 97 Atlantic: 975 A.2d 1144 Filed: 5/26/2009
	Appeal from the Judgment of Sentence Entered September 4, 2007, In the Court of Common Pleas, Cumberland County, Criminal, at CP-21-CR-001901-2006
Before: ALLEN, CLELAND and FITZGERALD, JJ.
Opinion by: ALLEN, J.
Appellant Daniel J. Schmohl appeals from the judgment of sentence entered following his convictions of aggravated assault while driving under the influence (“AA-DUI”), recklessly endangering another person (“REAP”), DUI - general impairment with accident, DUI - high rate of alcohol, and the summary offense of reckless driving. Appellant maintains that the evidence was legally insufficient to sustain his convictions and that the trial court erred as a matter of law in failing to merge his conviction of DUI – high rate of alcohol - with his conviction of AA-DUI. We affirm in part and reverse in part, vacating Appellant’s sentence for DUI – high rate of alcohol.

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JOHN J. CALABRESE & DEBORAH J. SHIRK v. P. THOMAS ZEAGER

JOHN J. CALABRESE & DEBORAH J. SHIRK v. P. THOMAS ZEAGER No. 766 MDA 2007 2009 PA Super 95 Atlantic: n/a Petition for Reargument Denied 8/4/2009 Filed: 5/22/2009
	Appeal from the Judgment Entered March 23, 2007, in the Court of Common Pleas of Lancaster County Civil Division at No. CI 04 - 05070
Before: FORD ELLIOTT, P.J., DONOHUE AND POPOVICH, JJ.
Opinion by: FORD ELLIOT, P.J.
Concurring Statement Opinion by: POPOVICH, J.
Appellants, John J. Calabrese and Deborah J. Shirk (“Calabrese and Shirk”), appeal the judgment entered in favor of appellee, P. Thomas Zeager (“Zeager”), on March 23, 2007, pursuant to a complaint filed by Calabrese and Shirk which alleged that Zeager breached a Sanitary Sewer Easement and Sewage Treatment Agreement (“the Agreement”). Finding that Zeager did breach the Agreement, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. SYVOL BOWEN

COMMONWEALTH OF PENNSYLVANIA v. SYVOL BOWEN No. 1551 EDA 2007 2009 PA Super 94 Atlantic: 975 A.2d 1120 Filed: 5/21/2009
	Appeal from the Judgment of Sentence dated April 20, 2007 In the Court of Common Pleas of Monroe County Criminal No. CP-45-CR-0000726-2006
Before: BOWES, SHOGAN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Syvol Bowen, appeals from the judgment of sentence entered in the Monroe County Court of Common Pleas. Specifically, Appellant challenges the propriety of his aggravated-range sentence, which he alleges was based primarily on his silence at sentencing, thus constituting a violation of his right to remain silent pursuant to the Fifth Amendment of the United States Constitution. We hold that a court may not consider a defendant’s silence at sentencing as indicative of his failure to take responsibility for the crimes of which he was convicted. We further hold that silence at sentencing may not be the sole factor in determining a defendant’s lack of remorse. However, we conclude that the trial court relied on numerous legitimate factors in imposing the aggravated-range sentence at issue. Accordingly, we affirm.

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Superior Court - DAVID THIERFELDER AND JOANNE THIERFELDER, H/W v. IRWIN WOLFERT, M.D., AND MEDICAL CENTER AT GWYNEDD AND ABINGTON MEMORIAL HOSPITAL

DAVID THIERFELDER AND JOANNE THIERFELDER, H/W v. IRWIN WOLFERT, M.D., AND MEDICAL CENTER AT GWYNEDD AND ABINGTON MEMORIAL HOSPITAL No. 571 EDA 2007 2009 PA Super 92 Atlantic: n/a Filed: 5/19/2009
	Appeal from the Order entered February 5, 2007 In the Court of Common Pleas of Montgomery County, Civil, No. 04-03111 (consolidated with 03-11978)
Before: FORD ELLIOTT, P.J., and STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: LALLY-GREEN, J.
Joanne Thierfelder (Wife/Joanne) appeals from an order sustaining preliminary objections and dismissing claims against Irwin Wolfert, M.D. Wife’s complaint essentially alleged that Dr. Wolfert acted negligently when he had a consensual sexual relationship with her for one year while she was his patient and being treated by him for anxiety and depression. As a result of that affair, Wife claimed that she suffered and will continue to suffer significant psychological harm. Because it is alleged that Dr. Wolfert, although a general practitioner, was rendering psychological care to Joanne, we believe that she has a cause of action and therefore reverse the grant of preliminary objections.

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Superior Court - FIZZANO BROTHERS CONCRETE PRODUCTS, INC. v. XLN, INC., SUCCESSOR IN INTEREST TO SYSTEM DEVELOPMENT GROUP, INC. v. SHORE CONSULTANTS,

FIZZANO BROTHERS CONCRETE PRODUCTS, INC. v. XLN, INC., SUCCESSOR IN INTEREST TO SYSTEM DEVELOPMENT GROUP, INC. v. SHORE CONSULTANTS, LTD., GREGG A. MONTGOMERY, DAVID BINDER AND XLNT SOFTWARE SOLUTIONS, INC. APPEAL OF: XLNT SOFTWARE SOLUTIONS, INC. No. 1896 EDA 2007 2009 PA Super 89 Atlantic: 973 A.2d 1016 Filed: 5/15/2009
	Appeal from the Order entered September 14, 2007, Court of Common Pleas, Delaware County Civil Division at No. 01-11752
Before: BENDER, DONOHUE and FREEDBERG, JJ
Opinion by: DONOHUE, J.
Dissenting Opinion by: BENDER, J.
XLNT Software Solutions, Inc. (“XLNT”) appeals from the trial court’s entry of judgment in favor of Appellee Fizzano Brothers Concrete Products, Inc. (“Fizzano”). The trial court applied the de facto merger doctrine to impose successor liability on XLNT for the debts of a company whose assets XLNT purchased. In so ruling, the trial court excepted this asset sale from the general rule that the purchaser of assets is not liable for the debts of the transferor. Since we conclude that the record in this case does not support a finding that the de facto merger doctrine had any application in this case, we reverse the trial court’s order.

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Superior Court - CLAIRE L. KROPA v. GATEWAY FORD, RICHARD F. ADAMS, DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY, and SEDGWICK CLAIMS MANAGEMENT

CLAIRE L. KROPA v. GATEWAY FORD, RICHARD F. ADAMS, DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY, and SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. No. 1446 MDA 2008 2009 PA Super 91 Atlantic: 974 A.2d 502 Petition for Reargument Denied 7/21/2009 Filed: 5/15/2009
	Appeal from the Order Entered on July 21, 2008, In the Court of Common Pleas of Wyoming County, Civil at No(s): 2007-00990
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant, Claire Kropa, appeals from the order entered on July 21, 2008, granting summary judgment in favor of Gateway Ford (“Gateway”) and Appellee, Discover Property & Casualty Insurance Company (“Discover”). We affirm.

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Superior Court - KAREN PRIDGEN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LENDON N. PRIDGEN, DECEASED, AND AS PERSONAL

KAREN PRIDGEN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LENDON N. PRIDGEN, DECEASED, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTHONY W. CIPPARONE, DECEASED; DENISE DIGGEN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIEL DIGGEN, DECEASED; AND DEBRA JOHNSON, INDIVIDUALLY AND ON BEHALF OF TYLER JOHNSON, AS PARENT AND NATURAL GUARDIAN OF TYLER JOHNSON, A MINOR v. PARKER HANNIFIN CORPORATION, BASCO FLYING SERVICE, INC., TEXTRON LYCOMING RECIPROCATING ENGINE DIVISION, TEXTRON, INC. AND AVCO CORPORATION APPEAL OF: TEXTRON, INC., AVCO CORPORATION AND TEXTRON LYCOMING RECIPROCATING ENGINE DIVISION No. 974 EDA 2008 2009 PA Super 90 Atlantic: 974 A.2d 1166 Petition for Reargument Denied 7/28/2009 Filed: 5/15/2009
	Appeal from the Order Entered February 19, 2008, Court of Common Pleas, Philadelphia County, Civil Division, at Nos. 003838 and 004008, July Term, 2001.
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Textron, Inc., AVCO Corporation and Textron Lycoming Reciprocating Engine Division (collectively “Appellants”) appeal from the order entered on February 19, 2008, in the Philadelphia County Court of Common Pleas that denied Appellants’ motion for summary judgment. The appellees in this matter are Karen Pridgen, individually and as Personal Representative of the estate of Lendon N. Pridgen, deceased, and as Personal Representative of the estate of Anthony W. Cipparone, deceased; Denise Diggen, individually and as personal representative of the estate of Daniel Diggen, deceased; and Debra Johnson, individually and on behalf of Tyler Johnson, as parent and natural guardian of Tyler Johnson, a minor (collectively “Appellees”). Additionally, we are faced with a motion to quash filed by Appellees. Upon review, we grant Appellees’ motion to quash.

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CHRISTINE T. WALLS v. THE PHOENIX INSURANCE COMPANY

CHRISTINE T. WALLS v. THE PHOENIX INSURANCE COMPANY No. 1702 EDA 2008 2009 PA Super 93 Atlantic: n/a Filed: 5/19/2009
	Appeal from the Order entered May 28, 2008, in the Court of Common Pleas, Philadelphia County, Civil Division, January Term, 2008, No. 2057
Before: KLEIN, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Appellant, Christine T. Walls, appeals from the order of the Court of Common Pleas of Philadelphia transferring this case to the Court of Common Pleas of Monroe County on grounds of forum non conveniens. We reverse.

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Superior Court - ERIE INSURANCE EXCHANGE v. ABBOTT FURNACE COMPANY AND INNOVATIVE MAGNETICS, INC. APPEAL OF: ABBOTT FURNACE COMPANY

ERIE INSURANCE EXCHANGE v. ABBOTT FURNACE COMPANY AND INNOVATIVE MAGNETICS, INC. APPEAL OF: ABBOTT FURNACE COMPANY No. 139 WDA 2008 2009 PA Super 88 Atlantic: 972 A.2d 1232 Filed: 5/13/2009
	Appeal from the Judgment December 27, 2007, In the Court of Common Pleas of Elk County, Civil Division at No. 2003-846.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Abbott Furnace Company appeals from the December 27, 2007 judgment entered in favor of Appellee Erie Insurance Exchange. Upon review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BURTON

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BURTON No. 1932 EDA 2007 2009 PA Super 87 Atlantic: 973 A.2d 428 Filed: 5/13/2009
	Appeal from the Judgment of Sentence June 28, 2007, In the Court of Common Pleas of Philadelphia County, Criminal at No(s): CP-51-CR-0805111-2005
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, LALLY-GREEN, BENDER, PANELLA, DONOHUE, ALLEN and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Concurring Opinion by: STEVENS, J.
Concurring Opinion by: LALLY-GREEN, J.
Appellant Michael Burton appeals from the judgment of sentence of five to ten years imprisonment imposed following his conviction on the charge of possession with intent to deliver cocaine. Appellant contends that the trial court erred in denying his motion to suppress. Appellant’s counsel filed a concise statement of the errors complained of on appeal as ordered by the trial court pursuant to Rule 1925(b) of the Pennsylvania Rules of Appellate Procedure. However, the concise statement was filed one day beyond the deadline set by the trial court.

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Superior Court - IN THE INTEREST OF: D.P., MINOR IN THE INTEREST OF: D.M., MINOR IN THE INTEREST OF: J.M., MINOR APPEAL OF: A.M.

IN THE INTEREST OF: D.P., MINOR IN THE INTEREST OF: D.M., MINOR IN THE INTEREST OF: J.M., MINOR APPEAL OF: A.M. No. 1443, 1444, 1445 MDA 2008 2009 PA Super 86 Atlantic: 972 A.2d 1221 Filed: 5/6/2009
	Appeal from the Order Entered July 10, 2008, Court of Common Pleas, Lancaster County, Juvenile Division, at No. 1012 of 2005, 1013 of 2005, 1014 of 2005 Formerly CP-36-DR-00000597-2005.
Before: PANELLA, SHOGAN and KELLY, JJ.
Opinion by: SHOGAN, J.
In these consolidated appeals, Appellant, A.M. (“Mother”), appeals from the dispositional order in dependency proceedings which changed the permanency goal for Mother’s three male children, D.P. (D.O.B. 2/2/94), D.M. (D.O.B. 12/23/95), and J.M. (D.O.B. 3/9/98) (collectively, “Children”). The Children were previously adjudicated dependent pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In the order on appeal, the trial court changed the goal for the family from reunification to adoption, and ordered a concurrent permanency goal of “placement in another planned living arrangement intended to be permanent.” We affirm.

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Superior Court - IN THE INTEREST OF: M.W. APPEAL OF M.W

IN THE INTEREST OF: M.W. APPEAL OF M.W. No. 1037 WDA 2007 2009 PA Super 85 Atlantic: 972 A.2d 1213 Filed: 5/5/2009
	Appeal from the Order Dated May 8, 2007, In the Court of Common Pleas of Allegheny County Juvenile at No(s): JV 06-001033
Before: GANTMAN, ALLEN, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant, M.W., appeals from the dispositional order entered on May 8, 2007, by the Juvenile Division of the Court of Common Pleas of Allegheny County. For the reasons discussed below, we affirm.

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Superior court - COMMONWEALTH OF PENNSYLVANIA v. MATTHEW C. SIBLEY

COMMONWEALTH OF PENNSYLVANIA v. MATTHEW C. SIBLEY No. 81 WDA 2008 2009 PA Super 84 Atlantic: n/a Filed: 5/5/2009
	Appeal from the Judgment of Sentence of October 11, 2007, In the Court of Common Pleas of Butler County, Criminal Division, at No. CP-10-CR-0002553-2006.
Before: LALLY-GREEN, GANTMAN and COLVILLE*, JJ.
Opinion by: COLVILLE, J.
This case is a direct appeal from judgment of sentence. The issue is whether the evidence was sufficient to support Appellant’s conviction for driving under the influence (“DUI”) in violation of 75 Pa.C.S.A. § 3802(c) (blood alcohol concentration (“BAC”) = 0.160 %). We affirm the judgment of sentence.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. GREGORY MEARS

COMMONWEALTH OF PENNSYLVANIA v. GREGORY MEARS No. 1003 EDA 2008 2009 PA Super 83 Atlantic: 972 A.2d 1210 Filed: 5/4/2009
	Appeal from the Judgment of Sentence Entered March 18, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0010314-2007.
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Gregory Mears, appeals from the judgment of sentence entered on March 18, 2008, in the Philadelphia County Court of Common Pleas. After careful review, we vacate in part and affirm in part.

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Superior Court - LISA ANN DOLAN AND GERALD DOLAN v. ANTHONY FISSELL

LISA ANN DOLAN AND GERALD DOLAN v. ANTHONY FISSELL No. 239 EDA 2008 2009 PA Super 82 Atlantic: 973 A.2d 1009 Petition for Reargument Denied 7/8/2009 Filed: 5/1/2009
	Appeal from the Order entered December 19, 2007 In the Court of Common Pleas of Chester County, Civil, No. 05-09983
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: KLEIN, J.
Anthony Fissell appeals from the order entering a $434,757.25 judgment against him and in favor of plaintiffs Lisa Ann Dolan and Gerald Dolan (for loss of consortium) for a motor vehicle accident after he appealed from an arbitration award against him for $28,220. Among other arguments, Fissell claims that the court erred in 1) allowing Dolan to withdraw her stipulation to proceed on medical reports and limit her recovery to $25,000; and 2) allowing the expert initially retained by Fissell to testify for Dolan. After review of the cogent opinion of the trial judge, the Honorable Edward Griffith, the submissions by the parties and relevant law, we affirm.

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