ROBERT E. BINGAMAN, JR. v. KELLY BINGAMAN

ROBERT E. BINGAMAN, JR. v. KELLY BINGAMAN No. 1644 MDA 2008 2009 PA Super 172 Atlantic: 980 A.2d 155 Filed: 8/31/2009
	Appeal from the Order entered August 14, 2008 In the Court of Common Pleas of Cumberland County Civil Division at No. 05-1200 CIVIL TERM
Before: ORIE MELVIN, GANTMAN AND CLELAND, JJ.
Opinion by: CLELAND, J.
Kelly Bingaman (Wife) appeals the trial court’s order entered August 14, 2008 denying her Motion to Strike and/or Re-Open Decree in Divorce. After careful review, we hold the trial court should have vacated that portion of the divorce decree that held it did not retain jurisdiction over the alimony claim. The trial court should have done so because a fatal defect appears on the face of the record. We reverse and remand.

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DENNIS PRINGLE AND CHRISTINE A. PRINGLE, in their own right as parentand natural guardians of Austin Pringle, a minor v. ADOLFO RAPAPORT, D.O.

DENNIS PRINGLE AND CHRISTINE A. PRINGLE, in their own right as parentand natural guardians of Austin Pringle, a minor v. ADOLFO RAPAPORT, D.O. and ADOLFO RAPAPORT, D.O., P.C. No. 173 WDA 2007 2009 PA Super 171 Atlantic: 980 A.2d 159 Filed: 8/31/2009
	Appeal from the Judgment entered January 4, 2007, Court of Common Pleas, Clearfield County, Civil Division at No. 2003-624-CD
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN, KLEIN, GANTMAN, PANELLA and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Dissenting Opinion by: ORIE MELVIN, J.
Dennis Pringle and Christine Pringle (collectively, “the Pringles”), in their own right as parents and natural guardians of their son Austin Pringle (“Austin”), appeal from the judgment entered following a jury verdict in a medical malpractice case in favor of appellees, Adolfo Rapaport, D.O., and Adolfo Rapaport, D.O., P.C. (collectively, “Dr. Rapaport”). The Pringles contend that the trial court erred, inter alia, in including an “error of judgment” instruction during the charge to the jury at the trial of their medical malpractice action against Dr. Rapaport. After an exhaustive review of decisional law, we conclude that the Supreme Court of Pennsylvania has never addressed the appropriateness of this charge, and that the decisions of panels of this Court are irreconcilable. Thus, following our careful review, we conclude that the “error of judgment” instruction should not be given in medical malpractice actions, as it does not inform jurors on the applicable standard of care and instead tends only to confuse, rather than clarify, the issues the jury must decide. We thus reverse and remand for a new trial.

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COMMONWEALTH OF PENNSYLVANIA vs. EDWIN MARQUEZ

COMMONWEALTH OF PENNSYLVANIA vs. EDWIN MARQUEZ No. 537 EDA 2007 2009 PA Super 170 Atlantic: 980 A.2d 145 Filed: 8/31/2009
	Appeal from the Judgment of Sentence of January 18, 2007, in the Court of Common Pleas of Philadelphia County, Criminal No. CP-51-CR-0904661-2005
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: MUSMANNO, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Concurring and Dissenting Opinion by: CLELAND, J.
Edwin Marquez (“Marquez”) appeals from the judgment of sentence imposed after he was convicted of third-degree murder and criminal conspiracy. We affirm.

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SHAWN TOWEY v. ELIZABETH ANN LEBOW

SHAWN TOWEY v. ELIZABETH ANN LEBOW No. 1192 EDA 2008 2009 PA Super 168 Atlantic: 980 A.2d 142 Filed: 8/28/2009
	Appeal from the Order entered March 20, 2008 In the Court of Common Pleas of Philadelphia County Civil No. August Term 2006, No. 003223
Before: KLEIN, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Elizabeth Ann Lebow, Appellant, appeals from the order entered in the Court of Common Pleas of Philadelphia County dismissing for lack of jurisdiction her motion to file an appeal nunc pro tunc to this Court. We vacate and remand, finding that Pennsylvania Courts of Common Pleas have jurisdiction to grant parties the right to file a notice of appeal to this Court nunc pro tunc.

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COMMONWEALTH OF PENNSYLVANIA v. ARNALDO TORRES SANTIAGO

COMMONWEALTH OF PENNSYLVANIA v. ARNALDO TORRES SANTIAGO No. 446 EDA 2008 2009 PA Super 169 Atlantic: 980 A.2d 659 Filed: 8/28/2009
	Appeal from the Judgment of Sentence Entered December 12, 2007, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0802161-2006.
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Arnaldo Torres Santiago, appeals from the judgment of sentence entered following his convictions of first degree murder, possessing an instrument of crime (“PIC”), and two counts of violating the Uniform Firearms Act (“VUFA”). Appellant challenges, inter alia, the admission of the murder weapon and a witness statement obtained as a result of Appellant’s suppressed confession to police. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. THOMAS JOHN MOORE

COMMONWEALTH OF PENNSYLVANIA v. THOMAS JOHN MOORE No. 258 WDA 2008 2009 PA Super 167 Atlantic: 980 A.2d 647 Filed: 8/27/2009
	Appeal from the Judgment of Sentence entered on October 1, 2007 in the Court of Common Pleas of Allegheny County, Criminal Division, No. CP-02-CR-0002754-2006
Before: MUSMANNO, SHOGAN and COLVILLE, JJ.
Opinion by: MUSMANNO, J.
Dissenting Opinion by: COLVILLE, J.
Null

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MARIE C. BOUZOS-REILLY v. JOHN C. REILLY

MARIE C. BOUZOS-REILLY v. JOHN C. REILLY No. 63 WDA 2009 2009 PA Super 165 Atlantic: 980 A.2d 643 Petition for Reargument Denied 10/16/2009 Filed: 8/27/2009
	Appeal from the Order of December 23, 2008 In the Court of Common of Allegheny County, Family Court at No. FD08-009015-006
Before: KLEIN, ALLEN and COLVILLE*, JJ.
Opinion by: KLEIN, J.
Marie C. Bouzos-Reilly (Mother) appeals from the trial court’s order granting John C. Reilly’s (Father) motion to dismiss Mother’s custody complaint on the grounds that a New York judge determined that New York was the home state and that Pennsylvania lacked jurisdiction. We find that the Pennsylvania trial judge abused her discretion when she deferred to a New York trial judge’s improper determination that New York was the home state of the underlying custody matter. Because the trial judge failed to conduct a full hearing with relevant witnesses to elicit testimony regarding the underlying jurisdictional issue, there was insufficient evidence on the record to support the trial court’s findings. Thus, we reverse.

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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: 980 A.2d 138 Filed: 8/26/2009
	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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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE ACCEPTANCE, INC., D/B/A AMERICAN HOME MORTGAGE SERVICING, INC.

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR AMERICAN HOME MORTGAGE ACCEPTANCE, INC., D/B/A AMERICAN HOME MORTGAGE SERVICING, INC. v. KENNETH L. RALICH AND KAREN R. RALICH Appellants No. 1328 WDA 2008 2009 PA Super 163 Atlantic: 982 A.2d 77 Petition for Reargument Denied 10/27/2009 Filed: 8/25/2009
	Appeal from the Order entered August 8, 2008 In the Court of Common Pleas of Allegheny County Civil Division at No. GD06-031037
Before: DONOHUE, CLELAND and KELLY, JJ.
Opinion by: CLELAND, J.
Appellants, Kenneth and Karen Ralich (the Ralichs), appeal from the Order of the Court of Common Pleas of Allegheny County granting the Motion to Strike the Ralichs’ Petition to Set Aside Sheriff’s Sale and Motion to Dismiss Foreclosure Proceedings. Because the Ralichs’ Petition was not timely filed pursuant to Pa.R.C.P. 3132 and 3135(a), and its untimeliness was not excused by an exception, we affirm.

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ESTATE OF ANNA E. FRIDENBERG, DECEASED APPEAL OF: WACHOVIA BANK

ESTATE OF ANNA E. FRIDENBERG, DECEASED APPEAL OF: WACHOVIA BANK, N.A. No. 2119 EDA 2008 2009 PA Super 164 Atlantic: 982 A.2d 68 Petition for Reargument Denied 10/30/2009 Filed: 8/24/2009
	Appeal from the Order entered July 1, 2008 In the Court of Common Pleas of Philadelphia County Orphans’ Court, No. 261 of 1941
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KELLY, J.
Dissenting Opinion Opinion by: KLEIN, J.
Appellant, Wachovia Bank, N.A., appeals from the order of the Philadelphia County Court of Common Pleas, Orphans’ Court Division, denying its application for certain commissions on trust principal as compensation for trust administration services. Appellant challenges the Orphans’ Court’s conclusion that such commissions were barred by In re Williamson’s Estate, 82 A.2d 49 (Pa. 1951). We reverse the order of the Orphans’ Court and remand for further proceedings consistent with this opinion.

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IN RE: ADOPTION OF S.B., a Minor APPEAL OF: Y.N.

IN RE: ADOPTION OF S.B., a Minor APPEAL OF: Y.N. No. 1864 WDA 2008 2009 PA Super 162 Atlantic: 979 A.2d 925 Filed: 8/14/2009
	Appeal from the Order entered on October 20, 2008 in the Court of Common Pleas of Allegheny County, Orphans' Court Division, No. CYF 20 of 2005
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: MUSMANNO, J.
Y.N., the biological paternal aunt of S.B. (d/o/b 6/3/97), appeals from the Order of the Orphans’ Court denying her Petition to unseal S.B.’s adoption records due to Y.N.’s lack of standing. We affirm, albeit upon a different basis.

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STUART ZEIDMAN v. ERIN FISHER AND TROY FISHER

STUART ZEIDMAN v. ERIN FISHER AND TROY FISHER No. 3309 EDA 2008 2009 PA Super 161 Atlantic: 980 A.2d 637 Filed: 8/13/2009
	Appeal from the Order dated October 17, 2008 In the Court of Common Pleas of Philadelphia County Civil Division at No. August Term, 2007, No. 0610
Before: KLEIN, BENDER and CLELAND, JJ.
Opinion by: CLELAND, J.
This case reminds us again of the utility of communication to prevent injury, even in the pastoral setting of a golf course and in the context of a game in which etiquette is as integral as skill.

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COMMONWEALTH OF PENNSYLVANIA v. JONATHAN HARRIS

COMMONWEALTH OF PENNSYLVANIA v. JONATHAN HARRIS No. 623 EDA 2007 2009 PA Super 160 Atlantic: 979 A.2d 387 Filed: 8/11/2009
	Appeal from the Judgment of Sentence January 29, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0409431-2002
Before: STEVENS, PANELLA, and FREEDBERG, JJ.
Opinion by: STEVENS, J.
Appellant, Jonathan Harris, appeals from a judgment of sentence entered in the Court of Common Pleas of Philadelphia County. We affirm.

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COMMONWEALTH OF PENNSYLVANIA Ex. Rel. JOSEPH GUARRASI v. TIMOTHY CARROLL APPEAL OF: JOSEPH GUARRASI

COMMONWEALTH OF PENNSYLVANIA Ex. Rel. JOSEPH GUARRASI v. TIMOTHY CARROLL APPEAL OF: JOSEPH GUARRASI No. 1159 EDA 2008 2009 PA Super 159 Atlantic: 979 A.2d 383 Filed: 8/11/2009
	Appeal from the Order of April 11, 2008, in the Court of Common Pleas of Bucks County, Criminal Division at No. CP-09-MD-0000636-2008
Before: ORIE MELVIN, ALLEN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Null

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COMMONWEALTH OF PENNSYLVANIA v. JOHN SMITH

COMMONWEALTH OF PENNSYLVANIA v. JOHN SMITH No. 723 EDA 2008 2009 PA Super 155 2009 PA Super 155 Atlantic: 979 A.2d 913 Filed: 8/10/2009
	Appeal from the Order entered February 5, 2008 In the Court of Common Pleas of Philadelphia County Criminal No. CP-51-CR-0000953-2007
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KELLY, J.
The Commonwealth appeals from an order granting a motion to suppress drugs found during a search incident to arrest after undercover narcotics police observed Appellee, John Smith, in a suspicious street transaction. The suppression court concluded that the police lacked probable cause to arrest even though a trained, experienced narcotics officer saw Appellee hand over an object from his sock in exchange for money, and leave the area when a third party alerted him to the presence of strangers. We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. JAMEEN WARREN

COMMONWEALTH OF PENNSYLVANIA v. JAMEEN WARREN No. 1981 EDA 2008 2009 PA Super 158 Atlantic: 979 A.2d 920 Filed: 8/10/2009
	Appeal from the PCRA Order entered June 4, 2008 In the Court of Common Pleas of Delaware County Criminal No.: CP-23-CR-0005176-2003
Before: BENDER, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Jameen Warren, appeals from the order entered in the Delaware County Court of Common Pleas, dismissing his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-46. Appellant and counsel have also filed separate petitions to remand for appointment of new counsel. We hold that PCRA counsel may not justify his failure to argue certain issues by claiming those issues are without merit, and then argue broadly that an evidentiary hearing was warranted without specifying what issues merited a hearing. Accordingly, we vacate the order, dismiss Appellant’s pro se petition, and grant counsel’s petition to remand for the appointment of new counsel.

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COMMONWEALTH OF PENNSYLVANIA v. V.A.M.

COMMONWEALTH OF PENNSYLVANIA v. V.A.M. No. 1101 EDA 2008 2009 PA Super 156 Atlantic: 980 A.2d 131 Filed: 8/10/2009
	Appeal from the Order Entered March 5, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at Nos.: CP-51-CR-0603191-1986
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: BENDER, J.
Dissenting Opinion by: SHOGAN, J.
V.A.M. (Appellant) appeals from the order denying his petition for expungement of his arrest and conviction record after he was granted a new trial on charges of rape, involuntary deviate sexual intercourse, robbery, and criminal conspiracy and the re-trial did not take place because the Commonwealth nolle prossed all charges, having failed to locate the complaining victim. We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. KENYA FITZGERALD

COMMONWEALTH OF PENNSYLVANIA v. KENYA FITZGERALD No. 1546 WDA 2008 2009 PA Super 154 Atlantic: 979 A.2d 908 Filed: 8/5/2009
	Appeal from the PCRA Order August 26, 2008 In the Court of Common Pleas of Allegheny County Criminal No. CP-02-CR-0015800-2002
Before: DONOHUE, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Kenya Fitzgerald, appeals from the order denying his petition under the Post Conviction Relief Act (PCRA) entered in the Court of Common Pleas of Allegheny County. This case challenges the effectiveness of trial counsel for failing to object to the waiver of the presence of the trial judge and a stenographer at voir dire. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD BROADEN, JR.

COMMONWEALTH OF PENNSYLVANIA v. RICHARD BROADEN, JR. No. 1549 WDA 2008 2009 PA Super 153 Atlantic: 980 A.2d 124 Petition for Reargument Denied 10/9/2009 Filed: 8/3/2009
	Appeal from the Judgment of Sentence September 20, 2007 In the Court of Common Pleas of Allegheny County Criminal at No. CP-02-CR-0013894-2006
Before: LALLY-GREEN, POPOVICH, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
This is an appeal from judgment of sentence entered by the Court of Common Pleas of Allegheny County after Appellant, Richard Broaden, Jr., pleaded guilty to a myriad of charges. We affirm.

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