COLLEEN MURPHY v. JAMES MCDERMOTT

COLLEEN MURPHY v. JAMES MCDERMOTT No. 2047 MDA 2007 2009 PA Super 151 Atlantic: 979 A.2d 373 Filed: 7/31/2009
	Appeal from the Order entered on October 24, 2007, in the Court of Common Pleas of Luzerne County, Domestic Relations, No. 1703 of 2002, PASCES No. 604104872
Before: LALLY-GREEN, FREEDBERG, and FITZGERALD,* JJ.
Opinion by: LALLY-GREEN, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
Appellant, James McDermott (“Father”), appeals from the order entered in the Luzerne County Court of Common Pleas, dismissing his exceptions to a support order for the parties’ minor child, A.M. (“Child”), born on July 30, 2002. We hold that the court erred in calculating: (1) Father’s 2008 income by including one-time stock options exercised in 2007; (2) Father’s 2006 and 2007 income by failing to calculate perquisite income from personal use of a company-provided vehicle appropriately; and (3) Father’s income by not accounting for the withdrawal penalty when it included his employer’s gross contributions to his 26 U.S.C. § 401(k) and stock accounts. Accordingly, we vacate the order and remand for further proceedings.

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

COMMONWEALTH OF PENNSYLVANIA v. DEREK BLOOM

COMMONWEALTH OF PENNSYLVANIA v. DEREK BLOOM No. 1756 WDA 2008 2009 PA Super 150 Atlantic: 979 A.2d 368 Filed: 7/31/2009
	Appeal from the Order entered October 15, 2008 In the Court of Common Pleas of Allegheny County Criminal No. CP-02-Cr-0003379-2008
Before: DONOHUE, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
The Commonwealth appeals from the order entered in the Allegheny County Court of Common Pleas granting the motion to suppress of Appellee, Derek Bloom. This case addresses the scope of jurisdiction granted to Port Authority police officers. We reverse and remand.

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

DEBRA FRENCH, AS ADMINISTRATRIX OF THE ESTATE OF BRIAN P. FRENCH, DECEASED, AND IN HER OWN RIGHT AS AN INDIVIDUAL v. COMMONWEALTH ASSOCIATES, INC.

DEBRA FRENCH, AS ADMINISTRATRIX OF THE ESTATE OF BRIAN P. FRENCH, DECEASED, AND IN HER OWN RIGHT AS AN INDIVIDUAL v. COMMONWEALTH ASSOCIATES, INC.; UNITED CONVEYOR CORPORATION; AND THE BABCOCK AND WILCOX COMPANY, AND/OR A/K/A BABCOCK & WILCOX CONSTRUCTION CO., INC., AND/OR A/K/A BABCOCK & WILCOX EBENSBURG POWER, INC.,AND DEBRA FRENCH, AS ADMINISTRATRIX OF THE ESTATE OF BRIAN P. FRENCH, DECEASED, AND IN HER OWN RIGHT AS AN INDIVIDUAL v. GILBERT/COMMONWEALTH, INC., OF MICHIGAN, FORMERLY KNOWN AS COMMONWEALTH ASSOCIATES, INC. A/K/A AND/OR GILBERT/COMMONWEALTH, INC., FORMERLY KNOWN AS GILBERT ASSOCIATES, INC., A/K/A AND/OR GILBERT/COMMONWEALTH INTERNATIONAL INC. No. 1191 WDA 2008 2009 PA Super 152 Atlantic: n/a Petition for Reargument Denied 10/6/2009 Filed: 7/31/2009
	Appeal from the Order June 18, 2008 In the Court of Common Pleas of Lawrence County Civil, Nos. 10251 of 2003 CA, 10312 of 2003 CA, and 10401 of 2003 CA
Before: LALLY-GREEN, GANTMAN, AND COLVILLE, JJ.
Opinion by: GANTMAN, J.
Dissenting Statement Opinion by: LALLY-GREEN, J.
Appellant, Debra French, as administratrix of the estate of Brian P. French, deceased, and in her own right as an individual, appeals from the order of the Lawrence County Court of Common Pleas, denying her petition to open and/or strike the judgment of non pros, based on the court’s determination that Appellant failed to file a timely certificate of merit under Pa.R.C.P. 1042.3. Specifically, Appellant asks us to determine whether her products liability/breach of warranty claims against the Gilbert defendants (“Appellee”) should survive the judgment of non pros, absent a certificate of merit. We hold the trial court erred when it failed to review Appellant’s entire complaint to determine which counts sounded in professional negligence and which counts sounded in products liability/breach of warranty, so that only the professional negligence claims might be subject to a judgment of non pros for failure to file a certificate of merit. Accordingly, we vacate and remand for further proceedings consistent with this opinion.

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

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL C. JUDY

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL C. JUDY No. 1028 MDA 2008 2009 PA Super 148 Atlantic: 978 A.2d 1015 Filed: 7/30/2009
	Appeal from the Judgment of Sentence entered January 24, 2008 In the Court of Common Pleas of Dauphin County Criminal at No. CP-22-CR-0002662-2006
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant Michael C. Judy appeals from judgment of sentence after a jury convicted him of sexual offenses stemming from his alleged sexual abuse of a female child over a period of eight years. Appellant was sentenced to an aggregate term of four to ten years in state prison and classified as a sexually violent predator. Post-sentence motions were denied and timely appeal followed. The record discloses compliance with Pa.R.A.P. 1925. Appellant maintains that statements made by the assistant district attorney in closing argument constituted prosecutorial misconduct, that a mistrial was warranted, and that the intentional nature of the misconduct bars retrial under double jeopardy principles. We disagree. Accordingly, we affirm judgment of sentence.

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

COMMONWEALTH OF PENNSYLVANIA v. LAMONT BOOKARD

COMMONWEALTH OF PENNSYLVANIA v. LAMONT BOOKARD No. 1557 EDA 2007 2009 PA Super 146 Atlantic: 978 A.2d 1006 Filed: 7/29/2009
	Appeal from the PCRA Order of April 26, 2007 in the Court of Common Pleas of Philadelphia County, Criminal, Nos. CP-51-CR-0707741-2000, CP-51-CR-0707751-2000
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: DONOHUE, J.
Lamont Bookard appeals from an order denying his request for post-conviction relief on the ground that his trial counsel, attorney Susan Burt-Collins, was ineffective for failing to ask for a charge on alibi. We find that counsel articulated a reasonable strategic basis for failing to request such a charge; she had an alternate theory of defense and did not want to cloud the issue by focusing on an alibi defense. Since it was questionable as to whether it was impossible for Bookard to be present to commit the crime, and counsel did not want the jury distracted by that issue, we believe that strategy was reasonable and therefore we affirm the denial of post-conviction relief.

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

IN RE: IN THE MATTER OF M.S. APPEAL OF: R.S.

IN RE: IN THE MATTER OF M.S. APPEAL OF: R.S. No. 1297 WDA 2008 2009 PA Super 147 Atlantic: n/a Petition for Reargument Denied 9/22/2009 Filed: 7/29/2009
	Appeal from the Order Dated July 1, 2008, In the Court of Common Pleas of Erie County, Criminal Division at No. 350 of 2008.
Before: PANELLA, DONOHUE, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Dissenting Opinion Opinion by: DONOHUE, J.
Appellant R.S. appeals the trial court’s order granting the Erie County Office of Children and Youth (ECOCY) temporary legal and physical custody of Appellant’s minor daughter, M.S., and setting her permanency goal as adoption. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. AARON L. JONES

COMMONWEALTH OF PENNSYLVANIA v. AARON L. JONES No. 582 WDA 1008 2009 PA Super 145 Atlantic: 978 A.2d 1000 Filed: 7/27/2009
	Appeal from the Order Entered March 7, 2008, in the Court of Common Pleas of Allegheny County Criminal Division at No. 200518797
Before: FORD ELLIOTT, P.J., LALLY-GREEN AND ALLEN, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal by the Commonwealth from an order granting appellee’s motion to suppress. We reverse and remand.

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

IN RE: D.S. AND M.S., MINOR CHILDREN APPEAL OF: D.B., GRANDMOTHER

IN RE: D.S. AND M.S., MINOR CHILDREN APPEAL OF: D.B., GRANDMOTHER No. 2685 EDA 2008 2009 PA Super 144 Atlantic: 979 A.2d 901 Filed: 7/23/2009
	Appeal from the Order Entered August 27, 2008 In the Court of Common Pleas of Philadelphia County Family Court at No(s): J.# 46153601 Petition# 6122-07-08 Petition# 6123-07-08
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
Concurring Statement by: KLEIN, J.
D.B. (“Grandmother”) appeals from the August 27, 2008 order entered in the Court of Common Pleas of Philadelphia County concluding that Grandmother did not have standing to participate in the dependency proceedings and vacating the appointment of Grandmother’s counsel. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. GEORGE VINCENT KUBIS

COMMONWEALTH OF PENNSYLVANIA v. GEORGE VINCENT KUBIS No. 1644 EDA 2008 2009 PA Super 140 Atlantic: 978 A.2d 391 Filed: 7/21/2009
	Appeal from the Judgment of Sentence May 12, 2008 In the Court of Common Pleas of Bucks County Criminal Division at No. CP-09-CR-0008943-2007
Before: LALLY-GREEN, BENDER and FITZGERALD, JJ.
Opinion by: BENDER, J.
George Kubis (Appellant) was found guilty of robbery and related charges by a jury on March 13, 2008 and was sentenced to twenty-five to fifty years’ imprisonment. On appeal, Appellant contends that there was insufficient evidence to convict him of robbery, that denial of his motions to suppress physical evidence and identification evidence was improper, and that irrelevant evidence was improperly admitted at trial. After review, we affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. JOSHUA LILLEY, SR.

COMMONWEALTH OF PENNSYLVANIA v. JOSHUA LILLEY, SR. No. 1986 WDA 2008 2009 PA Super 143 2009 PA Super 143 Atlantic: 978 A.2d 995 Filed: 7/21/2009
	Appeal from the Judgment of Sentence October 29, 2008 In the Court of Common Pleas of Erie County, Criminal at No(s): CP-25-CR-0003024-2007
Before: LALLY-GREEN, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
Appellant, Joshua Lilley, Sr., appeals from judgment of sentence entered by the Court of Common Pleas of Erie County. Appellant’s court-appointed counsel (“Counsel”) has filed a brief and a petition to withdraw from this appeal on the basis of frivolity. After conducting an independent review of the record, we grant the petition to withdraw and affirm judgment of sentence.

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

TRACY L. BIESE v. LEE C. BIESE

TRACY L. BIESE v. LEE C. BIESE No. 1797 MDA 2007 2009 PA Super 142 Atlantic: 979 A.2d 892 Filed: 7/21/2009
	Appeal from the Order entered September 17, 2008, in the Court of Common Pleas of Berks County, Civil, at No. 06-12474.
Before: ALLEN, FREEDBERG, and CLELAND, JJ.
Opinion by: ALLEN, J.
Lee C. Biese (“Husband”) appeals from the order entered by the trial court which resolved the economic claims between Husband and Tracy L. Biese (“Wife”) in their divorce proceedings. We affirm in part and reverse in part, and remand with instructions.

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

IN THE INTEREST OF: J.S., A MINOR APPEAL OF ALLEGHENY COUNTY OFFICE OF CHILDREN YOUTH AND FAMILIES (at 1766) IN RE: J.S., A MINOR APPEAL OF: M.D.,

IN THE INTEREST OF: J.S., A MINOR APPEAL OF ALLEGHENY COUNTY OFFICE OF CHILDREN YOUTH AND FAMILIES (at 1766) IN RE: J.S., A MINOR APPEAL OF: M.D., NATURAL MOTHER(at 1767) No. 1766 and 1777 WDA 2008 2009 PA Super 141 Atlantic: 980 A.2d 117 Filed: 7/21/2009
	Appeal from the Order Entered September 18, 2008, in the Court of Common Pleas of Allegheny County, Juvenile Division, at No. 76151-B.
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: BOWES, J.
In this consolidated appeal, the Allegheny County Office of Children and Youth and Families (“CYF”) and M.D. (“Mother”) appeal from the order entered on September 18, 2008, wherein the juvenile court granted K.C. and J.C. (“Foster Parents”) permission to intervene in an ongoing dependency proceeding. We reverse.

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

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN FOGLIA

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN FOGLIA No. 2079 EDA 2007 2009 PA Super 138 Atlantic: 979 A.2d 357 Filed: 7/21/2009
	Appeal from the Judgment of Sentence of May 31, 2007, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-1301295-2006
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: DONOHUE, J.
On appeal, Stephen Foglia challenges the constitutionality of a police interdiction that led to the discovery of his possession of an unlicensed firearm. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN No. 368 WDA 2008 2009 PA Super 139 Atlantic: n/a Petition for Reargument Denied 9/22/2009 Filed: 7/20/2009
	Appeal from the Judgment of Sentence of January 31, 2008, in the Court of Common Pleas of Clearfield County, Criminal Division, at No. CP-17-CR-0000061-2007.
Before: BOWES, FREEDBERG AND POPOVICH, JJ.
Opinion by: BOWES, J.
Dissenting Opinion Opinion by: POPOVICH, J.
The Commonwealth appeals the sentencing court’s refusal to apply the mandatory minimum sentencing provision of 42 Pa.C.S. § 9712.1. We vacate the judgment of sentence and remand for sentencing in accordance with that statute.

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

COMMONWEALTH OF PENNSYLVANIA v. JOSE GONZALEZ

COMMONWEALTH OF PENNSYLVANIA v. JOSE GONZALEZ No. 753 MDA 2008 2009 PA Super 137 Atlantic: 979 A.2d 879 Filed: 7/17/2009
	Appeal from the Judgment of Sentence of March 19, 2008, in the Court of Common Pleas of Lebanon County, Criminal Division, at No. CP-38-CR-0001010-2007.
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: KELLY, J.
Appellant, Jose Gonzalez, appeals from the judgment of sentence of three to six years incarceration imposed on March 19, 2008, following his conviction at a bench trial of possession of cocaine, possession of heroin, possession of cocaine with intent to deliver, and possession of drug paraphernalia. We affirm.

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

GABRIEL G. OCASIO v. PRISON HEALTH SERVICES

GABRIEL G. OCASIO v. PRISON HEALTH SERVICES No. 2002 WDA 2008 2009 PA Super 136 Atlantic: 979 A.2d 352 Filed: 7/17/2009
	Appeal from the Order October 27, 2008, In the Court of Common Pleas of Somerset County, Civil Division at No. 1020 Civil 2008.
Before: LALLY-GREEN, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Gabriel G. Ocasio appeals from the October 27, 2008 order entered in the Court of Common Pleas, Somerset County, which denied his petition to proceed in forma pauperis and dismissed his complaint with prejudice as being frivolous. Upon review, we affirm.

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

BRUCE E. LEE v. KRISTIN J. LEE

BRUCE E. LEE v. KRISTIN J. LEE No. 1973 MDA 2007 2009 PA Super 135 Atlantic: 978 A.2d 380 Filed: 7/15/2009
	Appeal from the Decree October 18, 2007 In the Court of Common Pleas of Lebanon County Civil No. 2005-20062
Before: GANTMAN, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Concurring Statement by: GANTMAN, J.
Appellant, Kristin J. Lee (Wife), appeals from the equitable distribution decree entered in the Lebanon County Court of Common Pleas. In this case we find, inter alia, that in divorce-related equitable distribution, when a spouse has been excluded from the marital home by a protection from abuse order, the other spouse may raise an equitable defense against the first spouse’s claim to rental credit for the time period in which the order was in effect. We affirm the decree in part, reverse in part, and remand for proceedings consistent with this memorandum.

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

COMMONWEALTH OF PENNSYLVANIA v. GARRICK MOORE

COMMONWEALTH OF PENNSYLVANIA v. GARRICK MOORE No. 1442 and 1448 WDA 2008 2009 PA Super 134 Atlantic: 978 A.2d 988 Filed: 7/15/2009
	Appeal from the Order entered August 4, 2008, in the Court of Common Pleas of Erie County, Criminal Division at Nos. 325, 326 and 327 of 2008
Before: BOWES, ALLEN, and KELLY, JJ.
Opinion by: ALLEN, J.
Concurring and Dissenting Opinion by: BOWES, J.
Garrick Moore (“Appellant”) appeals from the trial court order denying his petition for extension of time to file a post-sentence motion. We remand with instructions, and hold that, for reasons of judicial economy and fairness, a defendant who raises ineffective assistance of counsel claims after being found in contempt of a Protection from Abuse order (“PFA”) and sentenced to imprisonment pursuant to 23 Pa.C.S.A. § 6114, is entitled to an evidentiary hearing on the ineffectiveness of counsel claims, such that the record is adequate to assess the claims on direct appeal, consistent with Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003).

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

COMMONWEALTH OF PENNSYLVANIA v. WAYNE MCKIBBEN

COMMONWEALTH OF PENNSYLVANIA v. WAYNE MCKIBBEN No. 882 EDA 2008 2009 PA Super 130 Atlantic: 977 A.2d 1188 Filed: 7/14/2009
	Appeal from the Judgment of Sentence February 21, 2008 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0008571-2007
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
The Commonwealth appeals from the Judgment of Sentence entered on February 21, 2008, in the Court of Common Pleas of Philadelphia County at which time the trial court sentenced Wayne McKibben (hereinafter “Appellee”) to an aggregate prison term of three (3) years to six (6) years in prison, a $15,000 fine, and $1,625 in court costs. Following our review of the record, we reverse.

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

HENRY CALLAHAN v. NATIONAL RAILROAD PASSENGER CORP. (“AMTRAK”)

HENRY CALLAHAN v. NATIONAL RAILROAD PASSENGER CORP. (“AMTRAK”) No. 555 EDA 2008 2009 PA Super 132 Atlantic: 979 A.2d 866 Filed: 7/14/2009
	Appeal from the Judgment entered January 24, 2008 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 1338 June Term 2005.
Before: ORIE MELVIN, BOWES AND DONOHUE, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, National Railroad Passenger Corp. (hereafter Amtrak) appeals from the judgment entered following a jury verdict in favor of Appellee, Henry Callahan (hereafter Callahan). After careful review, we affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. ELI GARRETT BROUGHER

COMMONWEALTH OF PENNSYLVANIA v. ELI GARRETT BROUGHER No. 954 MDA 2008 2009 PA Super 131 Atlantic: 978 A.2d 373 Filed: 7/13/2009
	Appeal from the Judgment of Sentence May 2, 2008 In the Court of Common Pleas of Perry County Criminal No. CP-50-CR-0000445-2007
Before: PANELLA, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Eli Garrett Brougher, appeals from the judgment of sentence entered in the Perry County Court of Common Pleas. The issue presented on appeal is whether an unloaded toy pistol, designed to shoot small plastic pellets, constitutes a deadly weapon for purposes of the deadly weapons enhancement. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM JOSEPH ANTHONY

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM JOSEPH ANTHONY No. 1893 WDA 2008 2009 PA Super 133 Atlantic: 977 A.2d 1182 Filed: 7/13/2009
	Appeal from the Judgment of Sentence entered September 27, 2006, In the Court of Common Pleas, Butler County, Criminal, at CP-10-CR-0000056-2006
Before: FORD ELLIOTT, P.J., ALLEN and POPOVICH, JJ.
Opinion by: ALLEN, J.
William Joseph Anthony (Appellant) appeals nunc pro tunc from the judgment of sentence entered upon his conviction of driving under the influence of alcohol (DUI). 75 Pa.C.S.A. § 3802. Appellant maintains that the trial court erred in denying his motion to suppress because the police officer lacked probable cause or reasonable suspicion to effectuate a traffic stop. We affirm.

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

LAWRENCE J. BARNETT, CHRISTINE COOKENBACK, JAMES M. DEFEO and MADLIN LAURENT v. SKF USA, INC.

LAWRENCE J. BARNETT, CHRISTINE COOKENBACK, JAMES M. DEFEO and MADLIN LAURENT v. SKF USA, INC., No. 282 EDA 2008 07/13/2009 Atlantic: n/a Petition for Reargument Denied 9/21/2009 Filed: 7/13/2009
	Appeal from the Order entered October 31, 2007 In the Court of Common Pleas of Montgomery County Civil at No(s): 93-19687
Before: PANELLA, SHOGAN, and ALLEN, JJ.
Opinion by: PANELLA, J.
Appellant, SKF USA, Inc. (“SKF”), appeals the order issued on October 31, 2007, by the Honorable Bernard A. Moore, Court of Common Pleas of Montgomery County. After careful review, we affirm.

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

J. C. EHRLICH CO., INC. v. KEITH D. MARTIN, INDIVIDUALLY AND DOING BUSINESS AS Q & A PEST CONTROL

J. C. EHRLICH CO., INC. v. KEITH D. MARTIN, INDIVIDUALLY AND DOING BUSINESS AS Q & A PEST CONTROL No. 1013 MDA 2008 2009 PA Super 127 Atlantic: n/a Filed: 7/9/2009
	Appeal from the Order entered May 12, 2008 in the Court of Common Pleas of Northumberland County, Civil Division, at No. CV-2007 2466.
Before: ORIE MELVIN, GANTMAN and CLELAND, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Keith D. Martin (Martin), individually and d/b/a Q & A Pest Control (Q & A), appeals from the order granting a permanent injunction in favor of Appellee, J. C. Ehrlich Co., Inc. (Ehrlich). We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. KAZIMIR CRAIG GROHOWSKI

COMMONWEALTH OF PENNSYLVANIA v. KAZIMIR CRAIG GROHOWSKI No. 1635 and 1721 MDA 2007 2009 PA Super 128 Atlantic: n/a Filed: 7/9/2009
	Appeal from the Order Dated August 23, 2007 In the Court of Common Pleas of Northumberland County Criminal at No(s): CP-49-CR-0000706-2004
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: KLEIN, J.
This is an appeal from the order dated August 23, 2007, and entered on August 24, 2007, by the Court of Common Pleas of Northumberland County, following the granting of Appellee’s/cross-Appellant’s, Kazimir Grohowski’s, motion for extraordinary relief and awarding of a new trial. Herein, the Commonwealth contends that the motion for extraordinary relief was improperly granted in that (1) such a motion is improper to raise allegations of ineffectiveness of counsel, and (2) even if not improper, trial counsel was not ineffective where Appellee did not prove he was prejudiced by the prosecutor’s remarks during closing argument. We reverse and remand.

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

JAMES MCMILLAN v. FIRST NATIONAL BANK OF BERWICK

JAMES MCMILLAN v. FIRST NATIONAL BANK OF BERWICK No. 2904 EDA 2008 2009 PA Super 126 Atlantic: n/a Filed: 7/9/2009
	Appeal from the Judgment entered September 15, 2008 In the Court of Common Pleas of Philadelphia County Civil No. March Term 2008 – No. 005855
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from an order sustaining the preliminary objections of Appellee bank and transferring venue from Philadelphia to Columbia County in an action brought in Philadelphia County involving claims of false arrest, false imprisonment, and malicious prosecution, where the torts alleged occurred in Columbia County. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. GRACE MAY NUSE

COMMONWEALTH OF PENNSYLVANIA v. GRACE MAY NUSE No. 1662 EDA 2008 2009 PA Super 125 Atlantic: 976 A.2d 1191 Filed: 7/8/2009
	Appeal from the Judgment of Sentence May 7, 2008 In the Court of Common Pleas of Chester County Criminal No. CP-15-CR-0003320-2007
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KELLY, J.
Grace May Nuse, Appellant, appeals from the judgment of sentence entered in the Chester County Court of Common Pleas following her guilty plea to accidents involving damage to an attended vehicle or property and driving while operating privilege is suspended or revoked, a summary offense. Specifically, she challenges the court order, as amended, ordering restitution as a condition of probation. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. MARC P. BRIGIDI

COMMONWEALTH OF PENNSYLVANIA v. MARC P. BRIGIDI No. 910 EDA 2008 2009 PA Super 123 Atlantic: 977 A.2d 1177 Filed: 7/7/2009
	Appeal from the Judgment of Sentence entered February 29, 2008, in the Court of Common Pleas, Montgomery County, Criminal, No. CP-46-SA-0001118-2007
Before: KLEIN, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Dissenting Statement by: KLEIN, J.
Appellant, Marc P. Brigidi, appeals from the judgment of sentence to pay a fine of $150.00, a sentence imposed after the trial court found him guilty of the summary offense of consuming alcoholic beverages while under the age of twenty-one years. We vacate the judgment of sentence and remand this case for proceedings consistent with this Opinion.

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

CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY,

CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED AND LEISURECRAFT, INC. v.TELEDYNE CONTINENTAL MOTORS, INC., TELEDYNE, INC. SUPERIOR AIR PARTS, INC., PIEDMONT HAWTHORNE AVIATION, INC., A/K/A AND/OR F/K/A PIEDMONT AVIATION SERVICES, INC., PIEDMONT/HAWTHORNE AVIATION, INC., AND/OR PIEDMONT HAWTHORNE AVIATION, LLC AND DIVCO, INC. No. 1402 EDA 2007 2009 PA Super 124 Atlantic: n/a Filed: 7/7/2009
	Appeal from the Order entered May 29, 2007 In the Court of Common Pleas of Philadelphia County Civil at No(s): January Term, 2005, No. 02577
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: PANELLA, J.
The instant matter is an action based on claims of negligence, breach of warranty and strict liability stemming from a single engine aircraft crash. Appellants, the adult children of decedents Ronald Moyer and Judy Moyer, appeal from the trial court’s Orders granting summary judgment in favor of Appellee Teledyne Continental Motors, Inc. (hereinafter “TCM”), and Appellee Piedmont Hawthorne Aviation, Inc., (hereinafter “Piedmont”) and from the Order sustaining the preliminary objections of Appellee DivCo, Inc. (hereinafter DivCo). Upon a review of the record, we affirm and find inapplicable the exceptions to the eighteen (18) year statute of repose established by the governing federal statute, the General Aviation Revitalization Act of 1994 (“GARA”), Pub.L. No. 103-298, 108 Stat. 1552 (codified as amended at 49 U.S.C.S. 40101, Note).

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

COMMONWEALTH OF PENNSYLVANIA v.HERBERT BRIAN STOUT

---

COMMONWEALTH OF PENNSYLVANIA v.HERBERT BRIAN STOUT No. 1462 MDA 2008 2009 PA Super 122 Atlantic: n/a Filed: 7/6/2009
	Appeal from the Order Entered July 30, 2008, in the Court of Common Pleas of Columbia County Criminal Division at No. CP-19-CR-0000348-2006
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from an order denying a writ of habeas corpus filed by appellant, Herbert Brian Stout. We vacate and remand.

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

COMMONWEALTH OF PENNSYLVANIA v. MICHELLE NECOLE GRIFFITH

COMMONWEALTH OF PENNSYLVANIA v. MICHELLE NECOLE GRIFFITH No. 1315 MDA 2008 2009 PA Super 120 Atlantic: n/a Petition for Reargument Denied 9/11/2009 Filed: 7/2/2009
	Appeal from the Judgment of Sentence June 25, 2008 In the Court of Common Pleas of Berks County Criminal Division at No. CP-06-CR-0003318-2006
Before: LALLY-GREEN, BENDER, JJ. and McEWEN, P.J.E.
Opinion by: BENDER, J.
Dissenting Statement Opinion by: LALLY-GREEN, J.
Michelle Necole Griffith appeals the judgment of sentence imposed following her conviction of Driving Under the Influence of a Controlled Substance. 75 Pa.C.S. § 3802(d)(2). Griffith contends that the trial court erred in refusing to suppress prescription medication seized from the defendant’s car after police transported her to a local hospital for blood testing. Griffith also asserts that the evidence adduced at trial was not sufficient to sustain a conviction under section 3802(d)(2), as the Commonwealth did not introduce expert testimony to establish that the medications found in her bloodstream could have impaired her ability to drive safely. Upon review, we concur in Griffith’s conclusion that the evidence was not sufficient to sustain her conviction under section 3802(d)(2). Accordingly, we reverse said conviction, vacate the judgment of sentence, and remand this matter for re-sentencing.

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

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY WILLIAMS No. 1371 WDA 2008 2009 PA Super 121 Atlantic: 977 A.2d 1174 Petition for Reargument Denied 9/18/

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY WILLIAMS No. 1371 WDA 2008 2009 PA Super 121 Atlantic: 977 A.2d 1174 Petition for Reargument Denied 9/18/2009 Filed: 7/2/2009
	Appeal from the PCRA Order entered July 30, 2008 In the Court of Common Pleas of Allegheny County Criminal No.: CP-02-CR-0003256-1991
Before: STEVENS, DONOHUE, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Jeffrey Williams, files this pro se appeal from the order entered in the Allegheny County Court of Common Pleas, which dismissed his second petition filed pursuant to the Post Conviction Relief Act (“PCRA”). We hold that an appellant who is required to submit to the reporting requirements of Section 9795.1 of Megan’s Law II, but has also completed a sentence of imprisonment and/or probation, is not eligible for relief under PCRA Section 9543(a)(1)(i). Accordingly, we affirm.

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

CAROL HYRCZA, EXECUTRIX OF THE ESTATE OF MARGARET MAHUNIK, DECEASED, v. WEST PENN ALLEGHENY HEALTH SYSTEM, INC.; ALLEGHENY GENERAL HOSPITAL;

CAROL HYRCZA, EXECUTRIX OF THE ESTATE OF MARGARET MAHUNIK, DECEASED, v. WEST PENN ALLEGHENY HEALTH SYSTEM, INC.; ALLEGHENY GENERAL HOSPITAL; SUBURBAN GENERAL HOSPITAL CO., INC.; SUBURBAN GENERAL HOSPITAL; ALLEGHENY INTEGRATED HEALTH GROUP; CRANBERRY MEDICAL ASSOCIATES; WEXFORD MEDICAL PRACTICE; HILLARY A. STROUD, M.D.; BRUCE E. CONWAY, M.D.; HEALTH SOUTH CORPORATION; CHOICECARE PHYSICIANS, P.C.; YVETTE C. ROSS HEBRON, M.D.; ASSOCIATED NEUROLOGISTS-UPMC; ASSOCIATED NEUROLOGISTS, INC.; HASSAN HASSORI, M.D.; and JONATHAN E. ARTZ, M.D. APPEAL OF: YVETTE C. ROSS HEBRON, M.D. CHOICECARE PHYSICIANS, P.C. No. 135 and 136 WDA 2008 2009 PA Super 119 Atlantic: n/a Petition for Reargument Denied 9/11/2009 Filed: 7/1/2009
	Appeal from the Judgment entered January 3, 2008, Court of Common Pleas, Allegheny County, Civil Division at No. GD-03-010989
Before: FORD ELLIOTT, P.J., DONOHUE and COLVILLE*, JJ.
Opinion by: DONOHUE, J.
Yvette C. Ross Hebron, M.D. (“Dr. Hebron”) and ChoiceCare Physicians, P.C. (“ChoiceCare”) (collectively, “Appellants”) appeal from the January 3, 2008 order entering a judgment in the amount of approximately $8.6 million on a jury verdict in favor of Carol Hyrcza (“Hyrcza”), executrix of the estate of Margaret Mahunik (“the Decedent”), and against Appellants. For the reasons that follow, we affirm.

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