DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG

DONALD LEVITT, M.D. v. CRAIG PATRICK, NELSON GOLDBERG AND MARSHA GOLDBERG No. 1372 WDA 2007 2009 PA Super 117 Atlantic: n/a Filed: 6/30/2009
	Appeal from the Judgment entered August 7, 2006 In the Court of Common Pleas of ALLEGHENY COUNTY Civil Division at GD No. 01-15053
Before: KLEIN, POPOVICH, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Donald Levitt, M.D. (“Levitt”), appeals from the judgment entered in favor of Appellee, Craig Patrick (“Patrick”), in the Court of Common Pleas of Allegheny County. We hold that a claim need not be discontinued with prejudice for this Court to have jurisdiction to entertain an appeal. We further hold that under the unique facts and circumstances of this case, the action to set aside a sheriff’s sale raised issues different than the instant action of mortgage foreclosure. We finally hold that a terre-tenant actually aware of an outstanding mortgage shares an obligation to repay that mortgage. We reverse the July 5, 2007 order denying post-trial relief, vacate the judgment, and remand for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HOWARD WILGUS

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HOWARD WILGUS No. 1100 MDA 2008 2009 PA Super 116 Atlantic: 975 A.2d 1183 Filed: 6/26/2009
	Appeal from the Order entered May 27, 2008 In the Court of Common Pleas of Dauphin County Criminal Division at No. CP-22-CR-0002439-2007
Before: ALLEN, CLELAND AND FITZGERALD*, JJ.
Opinion by: CLELAND, J.
We are called on to decide whether the Legislature, in requiring a Megan’s Law offender to register his “residence,” included within the requirement the circumstances of this case in which the defendant is a homeless and transient person.

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COMMONWEALTH OF PENNSYLVANIA v. EUGENE S. MAKARA

COMMONWEALTH OF PENNSYLVANIA v. EUGENE S. MAKARA No. 2011 MDA 2008 2009 PA Super 166 Atlantic: n/a Filed: 6/26/2009
	Appeal from the Order Entered October 16, 2008 In the Court of Common Pleas of Columbia County Criminal Division at No. CP-19-CR-000828-2007
Before: ALLEN, FREEDBERG, and CLELAND, JJ.
Opinion by: FREEDBERG, J.
This matter is before the court on KidsPeace Corporation’s appeal from the order entered by the Court of Common Pleas of Columbia County on October 16, 2008. We vacate and remand.

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SHEILA T. KREBS (n/k/a SHEILA T. JOHNSON) v. WILLIAM A. KREBS, III

SHEILA T. KREBS (n/k/a SHEILA T. JOHNSON) v. WILLIAM A. KREBS, III No. 1982 EDA 2008 2009 PA Super 115 Atlantic: 975 A.2d 1178 Filed: 6/23/2009
	Appeal from the Order Entered June 5, 2008, Court of Common Pleas, Chester County, Domestic Relations Division, at No. 1279 N 1997.
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Appellant, Sheila T. Krebs, n/k/a Sheila Johnson, (“Wife”) appeals from the order awarding her counsel fees in the amount of $5,000.00 to be paid by Appellee, William A. Krebs, III (“Husband”). We vacate and remand.

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL SINNOTT

COMMONWEALTH OF PENNSYLVANIA v. DANIEL SINNOTT No. 158 EDA 2008 2009 PA Super 114 Atlantic: n/a Petition for Reargument Denied 8/27/2009 Filed: 6/23/2009
	Appeal from the Judgment of Sentence November 26, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0007913-2007
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: BENDER, J.
Daniel Sinnott appeals the judgment of sentence imposed following his conviction of Terroristic Threats and Ethnic Intimidation, 18 Pa.C.S. §§ 2706(a), 2710(a) (respectively). Sinnott contends that the Commonwealth failed to adduce sufficient evidence in support of either conviction and asserts accordingly that his judgment of sentence must be reversed. We find the evidence ample to sustain Sinnott’s conviction of Terroristic Threats, but insufficient to sustain his conviction of Ethnic Intimidation. Accordingly, we affirm the judgment of sentence in part and reverse in part.

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TIFFANY REKUN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF NEIL REKUN v. CARL PELAEZ No. 2321 EDA 2008 2009 PA Super 113 Atlantic: n/a Filed: 6/22/2009
	Appeal from the Judgment entered July 2, 2008 In the Court of Common Pleas of Pike County, Civil, No. 1277-2001-Civil
Before: STEVENS, LALLY-GREEN and KLEIN, JJ.
Opinion by: KLEIN, J.
Tiffany Rekun, the Administratrix of the Estate of Neil Rekun, initially filed suit against Carl Pelaez after Neil Rekun was killed while riding a motorcycle when hit by Pelaez. Ultimately, the parties agreed to binding arbitration before former Court of Common Pleas Judge Thomas Raup. Judge Raup found Neil Rekun 60% negligent and Carl Pelaez 40% negligent and determined the damages to be $800,000. The parties agreed on a cap on damages of $100,000.

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TCPF LIMITED PARTNERSHIP, A PENNSYLVANIA LIMITED PARTNERSHIP v. JAMES SKATELL

TCPF LIMITED PARTNERSHIP, A PENNSYLVANIA LIMITED PARTNERSHIP v. JAMES SKATELL No. 2281 and 2290 WDA 2007 2009 PA Super 112 Atlantic: n/a Filed: 6/17/2009
	Appeal from the Orders Entered October 25, 2007 and November 21, 2007, Court of Common Pleas, Westmoreland County, Civil Division, at No. 8239 of 2006.
Before: MUSMANNO, SHOGAN and COLVILLE, JJ.
Opinion by: SHOGAN, J.
In this consolidated appeal, Appellant, TCPF Limited Partnership, appeals from two orders denying Appellant’s first and second motions for leave to file an amended complaint in confession of judgment against Appellee, James Skatell (“Skatell”). For the reasons that follow, we affirm.

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JOHN ANDREW GREGG, EXEC. OF THE ESTATE OF JOHN I. GREGG, JR., DECEASED v. V-J AUTO PARTS COMPANY

JOHN ANDREW GREGG, EXEC. OF THE ESTATE OF JOHN I. GREGG, JR., DECEASED v. V-J AUTO PARTS COMPANY No. 3528 EDA 2003 2009 PA Super 111 Atlantic: 975 A.2d 1171 Filed: 6/11/2009
	Appeal from the Order dated November 10, 2003 In the Court of Common Pleas of Philadelphia County Civil at No(s): March Term, 1999 No. 3888
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
This is an appeal on remand from the Supreme Court of Pennsylvania, Gregg v. V.J. Auto Parts Company, 596 Pa. 274, 943 A.2d 216 (2007), to determine, in light of the frequency, regularity and proximity of the decedent’s, John I. Gregg, Jr.’s, exposure to asbestos products sold by Appellant, V-J Auto Parts Company, the trial court correctly determined summary judgment was warranted. Additionally, this Court is called upon to determine whether Appellee, John Andrew Gregg, the executor of John I. Gregg’s estate, should be permitted to amend the complaint to conform to the evidence. We find that the trial court correctly determined that summary judgment is warranted under the circumstances in this case. Accordingly, we affirm the decision of the trial court and deny the motion to amend the complaint

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COMMONWEALTH OF PENNSYLVANIA v.ANTHONY MICHAEL LAWSON

COMMONWEALTH OF PENNSYLVANIA v.ANTHONY MICHAEL LAWSON No. 2668 EDA 2008 2009 PA Super 110 Atlantic: n/a Filed: 6/10/2009
	Appeal from the Judgment of Sentence entered July 24, 2008 In the Court of Common Pleas of Monroe County, Criminal, No. CP-45-CR-0000921-2007
Before: STEVENS, LALLY-GREEN and KLEIN, JJ.
Opinion by: KLEIN, J.
Anthony Michael Lawson appeals his sentence following his conviction for Prohibited Offensive Weapon (POW) after being found in possession of a knife in a sheath that could be locked in a 90-degree position as well as in a straight position. Lawson argues that the Commonwealth failed to prove that the knife found in his possession met the definition of a prohibited offensive weapon. The trial judge found that the Commonwealth proved beyond a reasonable doubt that the knife had no common lawful purpose and convicted Lawson to 6 months’ to 24 years’ imprisonment. We agree and affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JEFFREY S. CRUTTENDEN COMMONWEALTH OF PENNSYLVANIA v. STEPHEN LANIER

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY S. CRUTTENDEN COMMONWEALTH OF PENNSYLVANIA v. STEPHEN LANIER No. 725 MDA 2008 2009 PA Super 109 Atlantic: n/a Petition for Reargument Denied 8/20/2009 Filed: 6/8/2009
	Appeal from the Order entered March 17, 2008, Court of Common Pleas, Luzerne County, Criminal Division at No. CP-40-CR-0002971-2007, CP-40-CR-0002972-2007
Before: FORD ELLIOTT, P.J., STEVENS and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Concurring Opinion Opinion by: STEVENS, J.
The Commonwealth appeals from the order dated March 17, 2008 granting suppression motions filed by Jeffrey S. Cruttenden (“Cruttenden”) and Stephen Lanier (“Lanier”). After careful consideration, we affirm.

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WYATT INCORPORATED v. CITIZENS BANK OF PENNSYLVANIA AND MELLON BANK, N.A. APPEAL OF: CITIZENS BANK OF PENNSYLVANIA APPEAL OF: WYATT, INC. APPEAL OF:

WYATT INCORPORATED v. CITIZENS BANK OF PENNSYLVANIA AND MELLON BANK, N.A. APPEAL OF: CITIZENS BANK OF PENNSYLVANIA APPEAL OF: WYATT, INC. APPEAL OF: APOSTOLOS GROUP APPEAL OF: MENDEL STEEL APPEAL OF: LIGHTHOUSE ELECTRIC APPEAL OF: HUCKENSTEIN No. 1829, 1921, 1928, 1929, 1930 & 1931 WDA 2007 2009 PA Super 107 Atlantic: n/a Filed: 6/4/2009
	Appeal from the Judgment September 28, 2007, In the Court of Common Pleas of Allegheny County, Civil Division at No. GD-03-009486, GD-03-009486, GD-03-011726, GD-03-008174, GD-03-009149, GD-03-009160, GD-03-009611, GD-04-020424, GD-04-020430, GD-03-011726, GD-03-08174, GD-03-009149, GD-03-009160, GD-03-009486, GD-03-009611, GD-04-020424, GD-04-020430.
Before: BOWES, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
These six appeals stem from the September 28, 2007 judgment in a Mechanics’ Lien action entered in favor of the plaintiffs Wyatt, Inc., Apostolos Group, Inc., Mendel Steel and Ornamental Iron Co., Lighthouse Electric Co., and James E. Huckestein, Inc., (collectively Subcontractors) and against Citizens’ Bank. Each party filed an appeal, and because the issues on appeal arise from the same factual scenario and involve similar arguments, we will address them contemporaneously. Upon review, we vacate the judgment and remand for computations consistent with this Opinion.

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AMY MARIE GIANVITO v. RICHARD GIANVITO

AMY MARIE GIANVITO v. RICHARD GIANVITO No. 1334 WDA 2008 2009 PA Super 108 Atlantic: 975 A.2d 1164 Filed: 6/4/2009
	Appeal from the Order June 10, 2008, In the Court of Common Pleas of Beaver County, Civil Division at No. 20248 of 2006.
Before: BOWES, DONOHUE, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Amy Marie Gianvito (Mother) appeals the order entered on June 10, 2008, in the Court of Common Pleas of Beaver County, that granted the custody modification petition filed by Richard Gianvito (Father), which vested in Father primary physical custody of Elizabeth Ann Gianvito (Child), the parties’ minor daughter. On appeal, Mother asserts that Father failed to prove that Child’s best interests would be served by shifting primary physical custody to Father. Upon review, we affirm.

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EXECUTIVE RISK INDEMNITY, INC. v. CIGNA CORPORATION

EXECUTIVE RISK INDEMNITY, INC. v. CIGNA CORPORATION No. 1184 EDA 2008 2009 PA Super 106 Atlantic: n/a Petition for Reargument Denied 8/13/2009 Filed: 6/3/2009
	Appeal from the Order entered March 19, 2008 In the Court of Common Pleas of Philadelphia County, Civil, No. 01495 November Term, 2004
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: KLEIN, J.
Dissenting Statement Opinion by: McEWEN, P.J.E.
CIGNA Corporation appeals from the order entered in the Court of Common Pleas of Philadelphia County entering declaratory judgment in favor of Executive Risk Indemnity, Inc. At issue was the determination of coverage for CIGNA by Executive Risk regarding claims made against CIGNA that it systematically, and in collusion with other health insurers, underpaid certain claims. These allegations represent both a civil Racketeer Influenced and Corrupt Organization (RICO) claim and breach of contract claim. CIGNA settled the underlying lawsuit for $140,000,000 without an admission of wrongdoing and without indicating how much of the settlement was apportioned for the RICO claim and how much to the breach of contract claim. The trial court determined the Executive Risk professional liability policy did not offer coverage for the claims made. After a thorough review of the submissions by the parties, the official record and relevant law, we reverse and remand for further proceedings consistent with this decision.

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PARKER OIL COMPANY v. MICO PETRO AND HEATING OIL, LLC. AND KAMAL SINGH

PARKER OIL COMPANY v. MICO PETRO AND HEATING OIL, LLC. AND KAMAL SINGH No. 399 EDA 2008 2009 PA Super 105 Atlantic: n/a Filed: 6/3/2009
	Appeal from the Judgment entered May 1, 2008 In the Court of Common Pleas of Monroe County Civil No. 1050 CIVIL 2006
Before: ORIE MELVIN, KLEIN, and FITZGERALD,* JJ.
Opinion by: KLEIN, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
Mico Petro and Heating Oil, LLC and Kamal Singh appeal from the judgment entered against them determining that Mico Petro and Singh, personally, are responsible for the failure of the corporation to meet its corporate obligations to pay for oil supplied to it pursuant to contract. The trial court determined Mico Petro and Singh owed $80,790.38 in unpaid invoices, service charges and returned check bank charges. While we agree that Mico Petro is responsible, we disagree that Singh is also liable under the participation theory. Therefore, we reverse that portion of the judgment.

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IN RE: ESTATE OF SAMUEL W. HARPER, DECEASED APPEAL OF: SAMUEL CARL HARPER, EXECUTOR AND BENEFICIARY

IN RE: ESTATE OF SAMUEL W. HARPER, DECEASED APPEAL OF: SAMUEL CARL HARPER, EXECUTOR AND BENEFICIARY No. 1454 WDA 2007 2009 PA Super 104 Atlantic: 975 A.2d 1155 Filed: 6/1/2009
	Appeal from the Order, August 3, 2007, in the Court of Common Pleas of Westmoreland County Orphans’ Court Division at No. 65-05-2077
Before: FORD ELLIOTT, P.J., DONOHUE AND COLVILLE, JJ.
Opinion by: FORD ELLIOT, P.J.
Dissenting Opinion by: COLVILLE, J.
Samuel Carl Harper, executor and beneficiary of the estate of Samuel W. Harper, appeals the order of August 3, 2007. We affirm, finding that 1) the orphans’ court did not err in reducing the amount of the executor’s commission and denying certain claims; and 2) that the words “share and share alike” in the testator’s Last Will and Testament (“Will”) did not evidence a clear intention to override the anti-lapse statute.

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TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATI

TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATHERINE GAUDIO, ROCCO J. GAUDIO, BROOKLYN GAUDIO, Minors v. FORD MOTOR COMPANY, AUTOLIV, GIBBONS FORD, MASTHOPE RAPIDS PROPERTY OWNERS COUNCIL, No. 1021 EDA 2007 2009 PA Super 102 Atlantic: n/a Petition for Reargument Denied 8/6/2009 Filed: 6/1/2009
	Appeal from Judgment of the Order entered April 4, 2007, Court of Common Pleas, Pike County, Civil Division at No. 1135-2002
Before: DONOHUE, McEWEN, P.J.E. and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Concurring and Dissenting Opinion Opinion by: FITZGERALD, J.
Appellant Tara Gaudio (“Gaudio”), both individually and as the administratrix of the estate of Andrew M. Gaudio (the “Deceased”), appeals from the trial court’s order dated April 4, 2007 entering judgment in favor of Appellee Ford Motor Company (“Ford”) after a jury trial that resulted in a verdict in Ford’s favor. Gaudio appeals various evidentiary rulings made by the trial court prior to and during trial, and further contends that the trial court erred in certain of its instructions to the jury. For the reasons set forth herein, we reverse and remand for a new trial

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ALAN R. STUART AND ELIZABETH T. STUART v. DECISION ONE MORTGAGE COMPANY, LLC, AND RFC HOMECOMINGS FINANCIAL

ALAN R. STUART AND ELIZABETH T. STUART v. DECISION ONE MORTGAGE COMPANY, LLC, AND RFC HOMECOMINGS FINANCIAL No. 2332 EDA 2008 2009 PA Super 103 Atlantic: 975 A.2d 1151 Petition for Reargument Denied 8/6/2009 Filed: 6/1/2009
	Appeal from the Order entered July 21, 2008 In the Court of Common Pleas of Chester County, Civil, No. 07-04463
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KLEIN, J.
Alan R. Stuart and Elizabeth T. Stuart appeal from the decision of the trial court granting defendant’s, Decision One Mortgage Company and RFC Homecomings Financial, motion for judgment on the pleadings and refusing to allow rescission of a home mortgage under the federal Truth-in-Lending Act (TILA) after there had been a default judgment in foreclosure. We agree with the cogent reasoning of the distinguished trial judge, the Honorable Robert J. Shenkin, that res judicata bars this claim. Therefore, we affirm.

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