COMMONWEALTH OF PENNSYLVANIA v. LEVON MANLEY

COMMONWEALTH OF PENNSYLVANIA v. LEVON MANLEY No. 3187 EDA 2007 2009 PA Super 227 Atlantic: n/a Filed: 11/30/2009
	Appeal from the Judgment of Sentence Entered October 26, 2007, Court of Common Pleas, Philadelphia County, Criminal Division, at No CP-51-CR-0501841-2006.
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Appellant, Levon Manley, appeals from the October 26, 2007 judgment of sentence entered in the Court of Common Pleas of Philadelphia County. Appellant was sentenced to concurrent terms of incarceration of eighteen to thirty-six years for attempted murder, seven to twenty years for aggravated assault, three and one-half to seven years for carrying firearms without a license, and one and one-half to five years for possessing instruments of crime. After careful review, we affirm.

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

IN RE: ESTATE OF MARJORIE J. CRUCIANI APPEAL OF: JEANNINE M. McCULLOUGH

IN RE: ESTATE OF MARJORIE J. CRUCIANI APPEAL OF: JEANNINE M. McCULLOUGH No. 3353 EDA 2008 2009 PA Super 228 Atlantic: n/a Filed: 11/30/2009
	Appeal from the Order October 6, 2008, In the Court of Common Pleas of Lehigh County, Orphans' Court Division at No. 2007-0271.
Before: PANELLA, POPOVICH, and COLVILLE*, JJ.
Opinion by: POPOVICH, J.
Appellant Jeannine M. McCullough appeals the order holding that the signature on the last will and testament of Marjorie J. Cruciani, deceased, which document was submitted to probate by Appellant, was a forgery. We affirm.

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

BISHOPS, INC., A PENNSYLVANIA CORPORATION v. PENN NATIONAL INSURANCE, A MUTUAL COMPANY

BISHOPS, INC., A PENNSYLVANIA CORPORATION v. PENN NATIONAL INSURANCE, A MUTUAL COMPANY No. 2275 WDA 2007 and 35 WDA 2008 2009 PA Super 225 Atlantic: n/a Filed: 11/24/2009
	Appeal from the Order December 10, 2007 and Judgment Entered December 11, 2007, In the Court of Common Pleas of Allegheny County Civil Division at No. G.D. 05-15366 and GD 05-015366 GD 0-015366
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
Bishops, Inc., (Bishops) and Penn National Insurance (Penn National) cross-appeal the trial court’s orders granting summary judgment and awarding damages in favor of Bishops limited to the $5000 in coverage afforded by an extra-cost endorsement (the Penn Pac Endorsement) to an all-risks insurance policy that Bishops purchased from Penn National. In its cross-appeal, designated by the parties as primary pursuant to Pa.R.A.P. 2136(a), Penn National asserts that Bishops’ claim is precluded by the concurrent cause provision of the basic policy to which the Penn Pac Endorsement was added because the damage for which Bishops claimed coverage was jointly caused by flooding. In its cross appeal, Bishops rejoins that this Court has rendered concurrent causation clauses unenforceable, declining to recognize them in the presence of an affirmative grant of coverage for which the insured paid an added premium. Bishops argues further that the Penn Pac Endorsement, which provided coverage for sewer or drain back up, changed the definition of a “covered cause of loss” in the underlying policy to provide coverage to both physical losses contemplated by the endorsement itself and losses sustained by business interruption occasioned by the events that caused the physical loss. Upon review, we find Penn National’s concurrent cause exclusion unenforceable. Moreover, we conclude that Bishops is entitled to coverage under both the Penn Pac Endorsement and the Business Income (and Extra Expense) Coverage Form of the underlying policy. Accordingly, we affirm in part, vacate in part, and remand this case for additional proceedings consistent with this disposition.

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

COMMONWEALTH OF PENNSYLVANIA v. LALLITRA LYNETTE COPPEDGE

COMMONWEALTH OF PENNSYLVANIA v. LALLITRA LYNETTE COPPEDGE No. 359 MDA 2009 2009 PA Super 226 Atlantic: n/a Filed: 11/24/2009
	Appeal from the Judgment of Sentence of October 8, 2008 in the Court of Common Pleas of Franklin County, Criminal Division, No. CP-28-CR-0001626-2007cri
Before: FORD ELLIOTT, P.J., KLEIN, J. and McEWEN, P.J.E.
Opinion by: KLEIN, J.
Lallitra Lynette Coppedge scalded her then-three-year-old daughter in hot bath water, causing the child to suffer second- and third-degree burns. A jury convicted Coppedge of simple assault, 18 Pa.C.S.A. 2701(a)(1), and endangering the welfare of children, 18 Pa.C.S.A. § 4304(a)(1). She was sentenced to 12 to 36 months’ incarceration for simple assault and a consecutive 6 to 36 months’ incarceration for child endangerment. On appeal, Coppedge asserts that her sentence is illegal because simple assault should have merged with child endangerment for sentencing purposes. Because the legislature has adopted a strict, technical merger test rather than a test that considers the facts of the individual case, we are compelled to find that these two offenses do not merge. Therefore, we affirm.

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

CHARLENE SLUSSER v. DOUGLAS DeBOER

CHARLENE SLUSSER v. DOUGLAS DeBOER No. 189 MDA 2009 2009 PA Super 224 Atlantic: n/a Filed: 11/23/2009
	Appeal from the Order entered January 14, 2009, in the Court of Common Pleas, Susquehanna County, Civil, No. 2009-47 CP
Before: MUSMANNO, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Appellant, Douglas DeBoer, appeals from the order, entered pursuant to the Protection From Abuse Act, that, inter alia, “completely evicted and excluded” him from the residence of appellee, Charlene Slusser, mother of appellant’s granddaughter, and precluded all contact with appellee except under very limited conditions. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. RAYMOND E. HAUN

COMMONWEALTH OF PENNSYLVANIA v. RAYMOND E. HAUN, No. 1980 MDA 2008 2009 PA Super 223 Atlantic: n/a Filed: 11/20/2009
	Appeal from the PCRA Order November 4, 2008 In the Court of Common Pleas of Centre County Criminal Division at No. CP-14-CR-0001493-2004
Before: BENDER, FREEDBERG and POPOVICH, JJ.
Opinion by: BENDER, J.
Raymond E. Haun (Appellant) appeals from the order dismissing his petition for relief filed under the Post Conviction Relief Act (PCRA). See 42 Pa.C.S. §§ 9541-9546. Appellant claims that the PCRA court erred in relying on our decision in Commonwealth v. Lantzy, 712 A.2d 288 (Pa. Super. 1998) (en banc), reversed, 736 A.2d 564 (Pa. 1999). For the reasons that follow, we reverse and remand for further proceedings consistent with this opinion.

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

IN RE: T.C., S.C., and H.C., MINOR CHILDREN APPEAL OF: R.C., NATURAL FATHER

IN RE: T.C., S.C., and H.C., MINOR CHILDREN APPEAL OF: R.C., NATURAL FATHER, No. 2017 MDA 2008 2009 PA Super 222 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Order Dated October 14, 2008, in the Court of Common Pleas of Lycoming County, Orphans’ Court Division, No. 6080 ADOPTIONhttp://www.blogger.com/post-create.g?blogID=725292761438552781
Before: GANTMAN, FREEDBERG, JJ. and McEWEN, P.J.E.
Opinion by: FREEDBERG, J.
R.C. (“Father”) appeals from the order of the Court of Common Pleas of Lycoming County involuntarily terminating his parental rights to T.C., S.C., and H.C., pursuant to the Indian Child Welfare Act (“ICWA”), 25 U.S.C. § 1912. We affirm.

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

ESTATE OF LOUIS A. HICKS, DECEASED v. DANA COMPANIES, LLC F/K/A DANA CORPORATION, ET AL. APPEAL OF: DANA COMPANIES, LLC F/K/A DANA CORPORATION APPEAL

ESTATE OF LOUIS A. HICKS, DECEASED v. DANA COMPANIES, LLC F/K/A DANA CORPORATION, ET AL. APPEAL OF: DANA COMPANIES, LLC F/K/A DANA CORPORATION APPEAL OF: JOHN CRANE, INC., F/K/A CRANE PACKING No. 3088 and 3089 EDA 2006 2009 PA Super 220 2009 PA Super 220 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Judgment entered April 12, 2005, in the Court of Common Pleas of Philadelphia County Civil Division at December Term, 2002 No. 3509
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE, AND SHOGAN, JJ.
Opinion by: ORIE MELVIN, J.
Concurring Opinion by: KLEIN, J.
This is a consolidated appeal from the judgment entered against Appellants, Dana Companies, LLC f/k/a Dana Corporation (Dana) and John Crane, Inc., f/k/a Crane Packing (Crane), in this products liability action initiated by Appellee, the Estate of Louis A. Hicks, for his contracting malignant mesothelioma from alleged occupational exposure to the Appellants’ asbestos-containing products. Following the denial of post-trial motions and entry of judgment, an appeal to this Court was filed in which a panel of this Court affirmed the trial court. We have granted reargument en banc, however, for the principal reason of determining the impact of the Supreme Court’s decision in Gregg v. V-J Auto Parts Company, 596 Pa. 274, 943 A.2d 216 (2007). After review, we affirm.

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

EUGENE COBBS v. SEPTA, DAVID ABELL, JOHN BLEILER, and SUSAN FLOWER-GRIFFIN

EUGENE COBBS v. SEPTA, DAVID ABELL, JOHN BLEILER, and SUSAN FLOWER-GRIFFIN No. 1198 EDA 2008 2009 PA Super 221 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Order entered March 25, 2008, Court of Common Pleas, Philadelphia County, Civil Division at No. 031203651
Before: ORIE MELVIN, BOWES and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Eugene Cobbs (“Cobbs”) appeals from the order of court entered granting the motion for judgment on the pleadings filed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”), David Abell, John Bleiler, and Susan Flower-Griffin (collectively, “Appellees”). Finding no error by the trial court, we affirm.

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

JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC.

JOHN SZYMANOWSKI AND MICHAEL A. WHEELING, INDIVIDUALLY AND ON BEHALF OF BSW vs. ROBERT H. BRACE AND BCD PROPERTIES, INC. No. 1703 WDA 2008 2009 PA Super 218 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order entered October 9, 2007 In the Court of Common Pleas of Erie County Civil Division at No. 10478-05
Before: BENDER, BOWES AND CLELAND, JJ.
Opinion by: CLELAND, J.
Appellants John Szymanowski and Michael A. Wheeling (Szymanowski/Wheeling) appeal the trial court’s order granting summary judgment in favor of Appellees Robert H. Brace (Brace) and BCD Properties, Inc. (BCD). The parties formed a partnership known as BSW to drill two gas wells in Erie County on leaseholds previously acquired by and still titled to Brace. The parties dispute whether their partnership encompasses two later developed gas wells not mentioned in their partnership agreement but drilled on the same leasehold titled to Brace and on which one of the partnership’s own wells was located. For reasons that follow, we affirm.

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

IN THE INTEREST OF J.G., A MINOR Appeal of: CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES No. 585 EDA 2008 2009 PA Super 217 Atlantic:

IN THE INTEREST OF J.G., A MINOR Appeal of: CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES No. 585 EDA 2008 2009 PA Super 217 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order Entered January 2, 2008, In the Court of Common Pleas, Chester County, Domestic Relations, Juvenile No. 55CS07
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN AND ALLEN, JJ.
Opinion by: ALLEN, J.
The Chester County Department of Children Youth and Families (“CYF”) appeals from the trial court’s order denying the motion of the guardian ad litem to reject the recommendation of the hearing master or, alternatively, to conduct a rehearing. Finding that CYF was the prevailing party in the proceedings below, we dismiss the appeal under Pa.R.A.P. 501 because CYF was not aggrieved by the trial court’s order.

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

STUART J. MACKAY vs. JAMIE K. MACKAY (at 192) JAMIE K. MACKAY vs. STUART J. MACKAY

STUART J. MACKAY vs. JAMIE K. MACKAY (at 192) JAMIE K. MACKAY vs. STUART J. MACKAY (at 193) No. 192 and 193 WDA 2009 2009 PA Super 219 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order Entered January 26, 2008 In the Court of Common Pleas of Allegheny County Civil Division at Nos.: 05-03738-001 PACSES No. 105107428
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
In these consolidated appeals, Jamie K. Mackay (“Mother”) appeals from the orders entered on January 22, 2009 and January 26, 2009, respectively, wherein the trial court directed Stuart J. Mackay (“Father”) to pay a monthly child support obligation of $810.00 for three minor children and denied Mother’s “Petition to Enforce Agreement” and her claim for counsel fees. We affirm.

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

COMMONWEALTH OF PENNSYLVANIA vs. COLLIN M. ROWE

COMMONWEALTH OF PENNSYLVANIA vs. COLLIN M. ROWE No. 986 MDA 2008 2009 PA Super 215 Atlantic: n/a Filed: 11/12/2009
	Appeal from the Judgment of Sentence of May 19, 2008, in the Court of Common Pleas of Centre County, Criminal Division, at No. CP-14-CR-0002110-2007
Before: BOWES, DONOHUE, and FREEDBERG, JJ.
Opinion by: BOWES, J.
It was a dark and stormy night on June 8, 2007, when the wind howled and rain fell in State College, Pennsylvania. Corporal William Muse of the State College Police Department was in the area of East Foster Avenue at 10:38 p.m. assisting with downed power lines in an adjacent alley when he noticed the open rear door of 420 East Foster Avenue, the residence of Collin M. Rowe, Appellant. Corporal Muse walked the perimeter of the house, noticed lights on upstairs and down, but observed nothing out of the ordinary. He chose to enter the home, called out his identity, and searched the first floor and the basement. The officer thereafter proceeded to the second floor, where he entered Appellant’s bedroom, looked in the trash can, and examined the inside of the closet. He found a glass pipe sitting on the desk next to Appellant’s computer. He took the pipe, left his business card requesting Appellant to contact him, and left the home.

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

JOAN P. WHITAKER AND BARBARA V. LEEZER, GUARDIANS AD LITEM FOR CAROLINE MONAGHAN vs. THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA

JOAN P. WHITAKER AND BARBARA V. LEEZER, GUARDIANS AD LITEM FOR CAROLINE MONAGHAN vs. THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA D/B/A FRANKFORD HOSPITAL—FRANKFORD, THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA D/B/A FRANKFORD HOSPITAL—TORRESDALE, ROBERT T. SMITH, M.D., HAROLD J. GAUTHIER, M.D. AND DIAGNOSTIC IMAGING, INC., APPEAL OF: ROBERT T. SMITH, M.D. (at 819 EDA 2006) CAROLINE MONAGHAN vs. FRANKFORD HOSPITAL, FRANKFORD DIVISION, FRANKFORD HOSPITAL TORRESDAKE DIVISION, CARL S. RUBIN, D.O., MEDICAL IMAGING ASSOCIATES, HOSPITAL MEDCIAL IMAGING, INC., ROBERT T. SMITH, M.D., NORTHEAST PHILADELPHIA VASCULAR SURGEONS, P.C., FAROUQ A. SAMHOURI, M.D., HAROLD J. GAUTHIER, M.D., ABC EMERGENCY ROOM SERVICES CORP., MICHAEL J. ROSNER, M.D., JOSEPH NABONG, M.D., NEUROCARE DIAGNOSTICS, INC., AND RANDY M. ROSENBERG, M.D. APPEAL OF: DIAGNOSTIC IMAGING, INC. (at 933 EDA 2006) No. 819 and 933 EDA 2006 2009 PA Super 216 Atlantic: n/a Filed: 11/12/2009
	Appeal from the Judgment Entered April 28, 2006, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 0202-01557 and February Term, 2002, No. 1557.
Before: ORIE MELVIN, BOWES, and DONOHUE, JJ.
Opinion by: BOWES, J.
Appellants, Diagnostic Imaging, Inc. and its agent Dr. Robert T. Smith, appeal from the judgment entered on a jury verdict in this medical malpractice action. The verdict was entered in favor of the plaintiffs, Appellees Joan P. Whitaker and Barbara V. Leezer, in their capacity as guardians ad litem for Caroline Monaghan. The jury determined that Dr. Smith and Dr. Harold J. Gauthier, who had previously settled with Appellees, were equally responsible for causing the injuries at issue in this case, and it awarded $5,200,000 in damages. After careful review of the record and the arguments presented on appeal, we affirm.

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

DIANE C. O’HARA AND JOSEPH O’HARA, H/W vs. THE FIRST LIBERTY INSURANCE CORP. D/B/A LIBERTY MUTUAL INSURANCE GROUP

DIANE C. O’HARA AND JOSEPH O’HARA, H/W vs. THE FIRST LIBERTY INSURANCE CORP. D/B/A LIBERTY MUTUAL INSURANCE GROUP No. 3054 EDA 2008 2009 PA Super 214 Atlantic: n/a Petition for Reargument Filed 11/13/2009 Filed: 11/9/2009
	Appeal from the Order entered October 6, 2008 In the Court of Common Pleas of Philadelphia County Civil No. August Term 2008, No. 03032
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
Diane C. O’Hara and Joseph P. O’Hara, Appellants, appeal from the order entered in the Philadelphia County Court of Common Pleas sustaining the preliminary objection raised by The First Liberty Insurance Corp., d/b/a/ Liberty Mutual Insurance Group, Appellee, on the basis of venue and transferring the case to the Court of Common Pleas of Delaware County. We affirm, finding that the trial court properly enforced the forum selection clause contained in the couple’s insurance policy.

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

COMMONWEALTH OF PENNSYLVANIA v. SUN CHA CHON

---

COMMONWEALTH OF PENNSYLVANIA v. SUN CHA CHON No. 473 EDA 2008 2009 PA Super 212 Atlantic: n/a Filed: 11/5/2009
	Appeal from the Order Entered January 24, 2008 In the Court of Common Pleas of Lehigh County Criminal Division at No. CP-39-CR-0004937-2006
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
The Commonwealth of Pennsylvania appeals from the January 24, 2008 order that granted the “Motion to Dismiss Due to Outrageous Government Conduct” filed by the defendant in this case, Sun Cha Chon (Chon). We affirm.

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

COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA

COMMONWEALTH OF PENNSYLVANIA v. MELVIN GARCIA-RIVERA No. 1466 MDA 2008 2009 PA Super 213 Atlantic: n/a Filed: 11/5/2009
	Appeal from the Judgment of Sentence, July 22, 2008, in the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0001837-2007
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
The Commonwealth appeals from Melvin Garcia-Rivera’s (“Garcia Rivera” or “appellee”) judgment of sentence of July 22, 2008. The Commonwealth contends that the trial court failed to put reasons on the record supporting its imposition of a mitigated range sentence. After careful review, we are compelled to agree and, therefore, vacate the judgment of sentence and remand for resentencing.

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

IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT

IN RE: EDUARDO GARCIA APPEAL OF: EDUARDO GARCIA, APPELLANT No. 1648 WDA 2008 2009 PA Super 210 Atlantic: n/a Filed: 11/4/2009
	Appeal from the Order entered July 7, 2008 in the Court of Common Pleas of Forest County, Criminal Division, at No. CP-27-MD-0000009-2007.
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Eduardo Garcia, appeals from the July 7, 2008 order which denied his petition for writ of habeas corpus. After review, we affirm.

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

IN THE INTEREST OF: J.T., MINOR APPEAL OF: M.T., NATURAL MOTHER

IN THE INTEREST OF: J.T., MINOR APPEAL OF: M.T., NATURAL MOTHER No. 713 MDA 2009 2009 PA Super 211 Atlantic: n/a Filed: 11/4/2009
	Appeal from the Decree Dated March 30, 2009, in the Court of Common Pleas of Luzerne County, Orphans’ Court Division, No. A-7345
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
Appellant, M.T. (“Mother”), appeals from the decree in the Luzerne County Court of Common Pleas, which terminated her parental rights to her minor child, J.T. Counsel for Mother has also filed with this Court both a petition for leave to withdraw as counsel and a brief pursuant to Anders v. California, 386 U.S. 738 (1967) and its progeny. We grant counsel’s petition for leave to withdraw and affirm the decision of the trial court.

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