MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL (at 2620) MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC.

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MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL (at 2620) MERLE SIMON AND STEVEN A. SIMON v.WYETH PHARMACEUTICALS, INC., ET AL APPEAL OF: PHARMACIA & UPJOHN COMPANY, LLC (at2673) No. 2620 and 2673 EDA 2007 2009 PA Super 263 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Order Dated September 7, 2007, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. June Term, 2004, No. 4229.
Before: ORIE MELVIN, BOWES, and DONOhttp://www.blogger.com/post-create.g?blogID=725292761438552781HUE, JJ.
Opinion by: BOWES, J.
This is an appeal by plaintiff-wife, Merle Simon, a New Jersey resident, and a cross-appeal by defendant Pharmacia & Upjohn Company, LLC (“Upjohn”), a pharmaceutical company headquartered in New Jersey. For the reasons that follow, we reverse the trial court’s grant of judgment notwithstanding the verdict and remand to the trial court for consideration of Upjohn’s motion for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. TERI RHODES

COMMONWEALTH OF PENNSYLVANIA v. TERI RHODES No. 143 WDA 2009 2009 PA Super 261 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Judgment of Sentence entered November 21, 2008 In the Court of Common Pleas of Erie County Criminal Division at No. CP-25-CR-0000110-2008
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
Teri Rhodes appeals the judgment of sentence imposed following her entry of an open plea of guilty to Voluntary Manslaughter, 18 Pa.C.S. § 2503(a), in the death of her infant daughter by neonaticide. Rhodes contends that the sentence imposed, of nine to eighteen years’ incarceration, was manifestly excessive and the trial judge was motivated in imposing sentence by a pronounced bias that should have compelled him to recuse. Upon review, we concur in Rhodes’s assessment. Because the record of these proceedings establishes that the trial judge acted substantially in derogation of the Pennsylvania Sentencing Code on the basis of evidence gathered ex parte, we conclude that the sentence imposed constitutes an abuse of discretion. We conclude further that the trial judge abused his discretion in refusing to grant Rhodes’s request for recusal. Accordingly, we vacate the judgment of sentence and remand this matter for re-sentencing before another jurist.

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REVEREND MELVIN S. MUNDIE v. CHRIST UNITED CHURCH OF CHRIST

REVEREND MELVIN S. MUNDIE v. CHRIST UNITED CHURCH OF CHRIST No. 573 MDA 2009 2009 PA Super 262 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Order March 3, 2009, In the Court of Common Pleas of Adams County, Civil Division at No. 08-S-1251.
Before: BENDER, GANTMAN, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Reverend Melvin S. Mundie appeals the order sustaining Appellee Christ United Church of Christ’s preliminary objection and dismissing Appellant’s complaint for lack of subject matter jurisdiction. After careful review, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS

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COMMONWEALTH OF PENNSYLVANIA v. GERRY BURNS No. 2127 EDA 2007 2009 PA Super 260 Atlantic: n/a Filed: 12/31/2009
	Appeal from the Judgment of Sentence, March 29, 2007, in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0802891-2005
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, AND ALLEN, JJ.
Opinion by: FORD ELLIOT, P.J.
Gerry Burns appeals from the judgment of sentence of March 29, 2007, following his convictions of involuntary deviate sexual intercourse (“IDSI”), sexual assault, aggravated indecent assault, and indecent assault. A divided panel of this court filed a memorandum opinion on December 19, 2008, which reversed the judgment of sentence and remanded the case for a new trial upon finding that the trial court should have allowed appellant to pierce the Rape Shield Law and cross-examine the victim regarding whether she had engaged in sexual activity with another man earlier on the day in question. On February 26, 2009, we granted the Commonwealth’s application for reargument en banc and withdrew the panel memorandum opinion. After careful review, we now affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. RONALD BYRD

COMMONWEALTH OF PENNSYLVANIA v. RONALD BYRD No. 3158 EDA 2008 2009 PA Super 259 Atlantic: n/a Filed: 12/30/2009
	Appeal from the Order Entered October 7, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0007719-2008
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
The Commonwealth appeals from an order entered in the Court of Common Pleas of Philadelphia County granting Appellee Ronald Byrd’s motion to suppress a handgun seized by the police. We reverse the suppression order entered below and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL GREENE

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL GREENE No. 538 MDA 2009 2009 PA Super 256 Atlantic: n/a Filed: 12/29/2009
	Appeal from the Judgment of Sentence, January 14, 2009, in the Court of Common Pleas of Lackawanna County Criminal Division at No. CP-35-CR-0001831-2004
Before: FORD ELLIOTT, P.J., KLEIN, J. AND McEWEN, P.J.E.
Opinion by: KLEIN, J.
Dissenting Statement by: FORD ELLIOT, P.J.
Michael Greene appeals from the judgment of sentence of January 14, 2009, following his conviction of one count each of aggravated assault and simple assault. He was sentenced to life in prison without parole under Pennsylvania’s “three strikes” law, after the trial court found that two prior convictions in Massachusetts qualified as “crimes of violence” as that term is defined under Pennsylvania law. However, the relevant Massachusetts statutes incorporate the kind of robberies that would not qualify for the three strikes law in Pennsylvania, as well as those that do. The robberies for which Greene was convicted under the Massachusetts statutes could have been crimes where the victim only suffered or was put in fear of only bodily injury rather than serious bodily injury, which would be a robbery under Pennsylvania law, but would not qualify as a strike for Pennsylvania’s three strikes statute. Therefore, we find that the Massachusetts unarmed robbery and assault with intent to rob statutes do not qualify as substantially similar crimes of violence to relevant Pennsylvania law. As a result, we reverse Greene’s life sentence and remand for resentencing.

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COMMONWEALTH OF PENNSYLVANIA v. DONN STEVEN WATERS

COMMONWEALTH OF PENNSYLVANIA v. DONN STEVEN WATERS No. 1418 EDA 2008 2009 PA Super 257 Atlantic: n/a Filed: 12/29/2009
	Appeal from the Judgment of Sentence April 14, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at Nos. CP-51-CR-0003701-2007, CP-51-CR-0003702-2007; CP-51-CR-0003703-2007
Before: GANTMAN, DONOHUE and CLELAND, JJ.
Opinion by: DONOHUE, J.
Donn Steven Waters (“Waters”) appeals from the judgment of sentence entered on April 14, 2008 following his conviction of three counts of burglary, 18 Pa.C.S.A. § 3502(a), and related crimes. On appeal, Waters challenges the trial court’s classification of the burglaries as first-degree offenses under subsection (c) of the aforementioned statute. We reverse and remand for resentencing.

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COMMONWEALTH OF PENNSYLVANIA v. FRANCIS NICHOLAS RAKOWSKI, JR.

COMMONWEALTH OF PENNSYLVANIA v. FRANCIS NICHOLAS RAKOWSKI, JR. No. 2059 MDA 2008 2009 PA Super 258 Atlantic: n/a Filed: 12/29/2009
	Appeal from the Judgment of Sentence August 27, 2008, In the Court of Common Pleas of York County, Criminal Division at No. CP-67-CR-0001198-2008.
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Dissenting Opinion by: BENDER, J.
Appellant Francis Nicholas Rakowski, Jr., appeals the judgment of sentence for driving under the influence of alcohol (DUI) in violation of 75 Pa.C.S.A. § 3802(c) on grounds that: 1) the evidence was insufficient to sustain his conviction; 2) the verdict was against the weight of the evidence; and 3) the jury’s entry of inconsistent verdicts warrants a vacation of the judgment of sentence. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ADAM ROSEN

COMMONWEALTH OF PENNSYLVANIA v. ADAM ROSEN No. 791 EDA 2009 2009 PA Super 254 Atlantic: n/a Filed: 12/28/2009
	Appeal from the Judgment of Sentence October 14, 2008, In the Court of Common Pleas of Montgomery County, Criminal Division at No. CP-46-CR-0005182-2001.
Before: PANELLA, POPOVICH, and COLVILLE, JJ.
Opinion by: POPOVICH, J.
Appellant Adam Rosen appeals the judgment of sentence of life imprisonment entered on October 14, 2008, in the Court of Common Pleas of Montgomery County, for his conviction of first-degree murder following retrial. Appellant claims that the trial court erred by permitting expert psychiatric testimony from his first trial to be used as impeachment evidence in his second trial. Appellant asserts that this error presented him with a fait accompli regarding his choice to testify in his own defense and, thereby, violated his right to present a proper defense. Upon review, we affirm

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LEVAN JOHNSON, SR. v. PROGRESSIVE INSURANCE COMPANY

LEVAN JOHNSON, SR. v. PROGRESSIVE INSURANCE COMPANY No. 3173 EDA 2008 2009 PA Super 255 Atlantic: n/a Filed: 12/28/2009
	Appeal from the Order entered September 26, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): June Term, 2007, No 2307
Before: BOWES, PANELLA, and FITZGERALD, JJ.
Opinion by: BOWES, J.
On appeal, Levan Johnson assails the propriety of the trial court’s grant of summary judgment in favor of Progressive Insurance Company on Appellant’s statutory bad faith insurance claim. We hereby affirm.

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IN THE INTEREST OF: A.B. APPEAL OF: A.B. No. 2149 EDA 2006 2009 PA Super 252 Atlantic: n/a Filed: 12/24/2009
	Appeal from the Order entered July 6, 2006 In the Court of Common Pleas of Monroe County Criminal, No. CP-45-JV-0030033-1999
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG, AND CLELAND, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: KLEIN, J.
Appellant, A.B., appeals from the order entered in the Monroe County Court of Common Pleas, which denied his petition to expunge his juvenile record. Specifically, Appellant asks us to determine whether the court committed an error of law or an abuse of discretion when it denied Appellant’s petition, after he had fulfilled all of the requirements for expungement under 18 Pa.C.S.A. § 9123(a)(3). After careful review of the certified record as well as the relevant law pertaining to expungement of juvenile records, we hold the trial court misapplied the law in denying Appellant’s expungement petition, where Appellant fulfilled the requirements under Section 9123(a)(3); and the Commonwealth failed to show cause to deny expungement and retain Appellant’s juvenile record. Accordingly, we reverse and remand with directions to expunge Appellant’s juvenile record.

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PAULA (LIVINGSTON) GRESIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GERALD LIVINGSTON, JR., Appellants (at 1462 and 1463) JOSEPH L. BELTOWS

PAULA (LIVINGSTON) GRESIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GERALD LIVINGSTON, JR., Appellants (at 1462 and 1463) JOSEPH L. BELTOWSKI AND KAREN M. BELTOWSKI, HIS WIFE ) v. PA PARTNERS, L.P, Appellant (1502 and 1503) No. 1462, 1463, 1502, and 1503 WDA 2008 2009 PA Super 253 Atlantic: n/a Filed: 12/24/2009
	Appeal from the Order Entered August 1, 2008 In the Court of Common Pleas of Somerset County Civil Division at No. 325 and 326 CIVIL 1996
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
Joseph Beltowski, Karen Beltowski, his wife, and Paula Livingstone Gresick, individually and as the administratrix of the estate of Gerald Livingstone, Jr. (Plaintiffs), appeal from the order entering summary judgment in favor of PA Partners, L.P. (Defendant), in Plaintiffs’ action against Defendant arising from an accident that occurred in a steel mill previously owned by Defendant. For the reasons that follow, we affirm.

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LISA GABOURY v. CHRISTOPHER GABOURY

LISA GABOURY v. CHRISTOPHER GABOURY No. 1603 WDA 2008 2009 PA Super 251 Atlantic: n/a Filed: 12/23/2009
	Appeal from the Order Entered August 29, 2008, in the Court of Common Pleas of Beaver County, Civil Division, at No. 20103 of 2008.
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: BOWES, J.
Lisa Gaboury (“Wife”) appeals from the August 29, 2008 order granting her divorce from Christopher Gaboury (“Husband”). On June 3, 2008, the trial court dismissed all economic claims against Husband, determining that it had jurisdiction to dissolve the parties’ marriage but lacked the necessary personal jurisdiction over Husband to adjudicate related economic claims. For the following reasons, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL No. 2344 EDA 2008 2009 PA Super 249 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence Entered July 15, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. MC-51-CR-0022285-2008.
Before: ORIE MELVIN, SHOGAN, and POPOVICH, JJ.
Opinion by: SHOGAN, J.
Appellant, Lonnie Mitchell, appeals from the judgment of sentence entered on July 15, 2008, after he was adjudged guilty of harassment and found in indirect criminal contempt for violating a protection from abuse (“PFA”) order. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we deny counsel’s petition to withdraw, vacate the judgment of sentence with respect to Appellant’s harassment conviction, and remand this matter with instructions.

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IN RE: R.N.J. & G.J., MINOR CHILDREN IN RE: M.J. & B.M.J., MINOR CHILDREN APPEAL OF: M.H., BIOLOGICAL MOTHER

IN RE: R.N.J. & G.J., MINOR CHILDREN IN RE: M.J. & B.M.J., MINOR CHILDREN APPEAL OF: M.H., BIOLOGICAL MOTHER No. 648 and 649 EDA 2008 2009 PA Super 248 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Order Entered December 12, 2007 in the Court of Common Pleas of Philadelphia County, Family Court, at Nos. C.P.#90035, 90033, June Term, 2007 and J#32552305, 32552306, D.P. #5584-05-04, 5585-05-04.
Before: BOWES, PANELLA, and KELLY, JJ.
Opinion by: BOWES, J.
M.H. (“Mother”) appeals from the orders entered on December 12, 2007, wherein the trial court involuntarily terminated her parental rights to her two young children, R.N.J. and G.J. , born June 18, 2004, and May 18, 2006, respectively, and changed the permanency goal of her two older children, M.J. and B.M.J., born September 9, 1995, and October 29, 1998, respectively, from reunification to permanent legal custody (“PLC”). After careful review, we affirm.

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JANE DOE v. WYOMING VALLEY HEALTH CARESYSTEM, INC.

JANE DOE v. WYOMING VALLEY HEALTH CARESYSTEM, INC. No. 1390 MDA 2009 2009 PA Super 250 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment entered July 25, 2008 In the Court of Common Pleas of Luzerne County Civil, No. 4555 of 1996
Before: ORIE MELVIN, GANTMAN, AND CLELAND, JJ.
Opinion by: GANTMAN, J.
Appellant, Wyoming Valley Health Care System, Inc., appeals from the judgment entered in the Luzerne County Court of Common Pleas in favor of Appellee, Jane Doe, following the denial of Appellant’s motion for post-trial relief. We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BOZYK

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL BOZYK No. 3560 EDA 2006 2009 PA Super 247 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence November 21, 2006, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0312201-2006.
Before: STEVENS, BOWES AND FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Michael Bozyk appeals from the judgment of sentence of three and one-half to seven years imprisonment that was imposed after he was convicted by a jury of carrying an unlicensed firearm and carrying a firearm on a public street or property in Philadelphia. We reject Appellant’s assertion that his cross-examination of a police officer was improperly curtailed in violation of his Sixth Amendment Confrontation Clause rights; we therefore affirm.

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THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.

THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC. No. 2892 EDA 2008 2009 PA Super 246 Atlantic: n/a Filed: 12/17/2009
	Appeal from the Judgment entered November 19, 2008 In the Court of Common Pleas of Philadelphia County Civil Division, May Term, No. 1366
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee’s decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD THOMAS

COMMONWEALTH OF PENNSYLVANIA v. RICHARD THOMAS No. 1155 EDA 2008 2009 PA Super 245 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Judgment of Sentence of March 5, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0002796-2007.
Before: ORIE MELVIN, BOWES and DONOHUE, JJ.
Opinion by: BOWES, J.
Richard Thomas appeals from the judgment of sentence imposed after he was convicted at a bench trial of persons not to possess firearms under 18 Pa.C.S. § 6105. We affirm.

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SABRINA BOWMAN v. SUNOCO, INC.

SABRINA BOWMAN v. SUNOCO, INC. No. 1897 EDA 2008 2009 PA Super 242 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Order Entered May 21, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): December Term, 2006 No. 2227
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County granting a Motion for Judgment on the Pleadings filed by Defendant/Appellee, Sunoco, Inc. and dismissing Plaintiff/Appellant Sabrina Bowman’s negligence claim for injuries she sustained while working as a private security guard on Sunoco property. Specifically, the court agreed with Sunoco’s Affirmative Defense that Bowman, by signing a Worker’s Compensation Disclaimer in exchange for her employment with Allied Barton Security Services, had waived her right to file claims against clients of Allied Barton for damages otherwise covered by workers’ compensation. Herein, Bowman contends that such a release is contrary to public policy and, therefore, unenforceable. We affirm.

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R.M.G., JR. v. F.M.G.

R.M.G., JR. v. F.M.G. No. 908 WDA 2009 2009 PA Super 244 Atlantic: n/a Filed: 12/16/2009
	Appeal from the Order entered May 4, 2009 In the Court of Common Pleas of Westmoreland County Civil Division, at No. 733 of 2005-D
Before: MUSMANNO, BENDER AND CLELAND, JJ.
Opinion by: CLELAND, J.
R.M.G., Jr. (“Father”) appeals from the order entered on May 4, 2009 following a hearing on the petition filed by F.M.G. (“Mother”) to modify custody of their two children, S.G. (d.o.b. 2/13/99) and Z.G. (d.o.b. 10/23/00) (collectively “the Children”). Father complains the trial court erred by modifying a May 2008 custody arrangement because Mother did not demonstrate a material change in circumstances. Father also argues the trial court erred or abused its discretion by finding a changed custody arrangement would serve the best interests of the Children. Because a material change in circumstances is not a prerequisite to modification and because we find no abuse of discretion in the trial court’s modification of the May 2008 arrangement, we affirm.

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JUNE F. MYERS v.WELLLS FARGO BANK, N.A., T/A PREMIER ASSET SERVICES AND T/A WELLS FARGO HOME MORTGAGE, U.S. BANK NATIONAL ASSOCIATION AND FOX & ROACH

JUNE F. MYERS v.WELLLS FARGO BANK, N.A., T/A PREMIER ASSET SERVICES AND T/A WELLS FARGO HOME MORTGAGE, U.S. BANK NATIONAL ASSOCIATION AND FOX & ROACH, L.P., T/A PRUDENTIAL FOX & ROACH APPEAL OF: U.S. BANK NATIONAL ASSOCIATION No. 3218 EDA 2008 2009 PA Super 241 Atlantic: n/a Filed: 12/15/2009
	Appeal from the Order entered September 29, 2008 In the Court of Common Pleas of Bucks County Civil Division at No(s): 0800319
Before: STEVENS, BOWES, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
Concurring Statement by: McEWEN, P.J.E.
This is an appeal from the order entered in the Court of Common Pleas of Bucks County denying Appellant U.S. Bank National Association’s (hereinafter U.S. Bank) petition to open a default judgment entered in favor of Appellee June F. Myers (hereinafter Ms. Myers). We affirm.

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VALERIE L. BEASTON v. GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA IN RE: GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA

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VALERIE L. BEASTON v. GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA IN RE: GREGORY A. EBERSOLE APPEAL OF: COMMONWEALTH OF PENNSYLVANIA No. 1880 and 1894 MDA 2007 2009 PA Super 243 Atlantic: n/a Filed: 12/15/2009
	Appeal from the Order Entered October 9, 2007, Court of Common Pleas, Cumberland County, Civil Division, at No. 2005-2091 Civil Term and CP-21-MD-0000826-2007.
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN, and ALLEN, JJ.
Opinion by: SHOGAN, J.
Appellant, the Commonwealth of Pennsylvania (“the Commonwealth”), appeals from the orders entered on October 9, 2007 (1880 MDA 2007) and November 7, 2007 (1894 MDA 2007) in the Cumberland County Court of Common Pleas. After careful review, we reverse the order appealed at 1880 MDA 2007 and remand with instructions, and we vacate the order appealed at 1894 MDA 2007.

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COMMONWEALTH OF PENNSYLVANIA v. BRIAN HUGHES

COMMONWEALTH OF PENNSYLVANIA v. BRIAN HUGHES No. 177 MDA 2009 2009 PA Super 240 Atlantic: n/a Filed: 12/14/2009
	Appeal from the Order entered on January 20, 2009, in the Court of Common Pleas of Lebanon County, Criminal Division, at No(s). CP-38-CR-0002319-2006
Before: ALLEN, FITZGERALD, and HUDOCK, JJ.
Opinion by: HUDOCK, J.
Dissenting Opinion by: FITZGERALD, J.
Appellant, Brian Hughes, appeals from the order dated January 20, 2009, dismissing his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JAQUIL ATKINSON

COMMONWEALTH OF PENNSYLVANIA v. JAQUIL ATKINSON No. 1531 MDA 2008 2009 PA Super 239 Atlantic: n/a Filed: 12/10/2009
	Appeal from the Order entered August 30, 2007 In the Court of Common Pleas of Luzerne County Criminal at No(s): CP-40-CR-0000780-2005
Before: GANTMAN and FREEDBERG, JJ., and MCEWEN, P.J.E.
Opinion by: FREEDBERG, J.
This matter is before the Court on Jaquil Atkinson’s appeal from an order entered by the Court of Common Pleas of Luzerne County on August 30, 2007, which denied Appellant’s pre-trial motion for suppression of evidence and to quash the information. We affirm the suppression court’s order.

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COMMONWEALTH OF PENNSYLVANIA v. MATTHEW C. SKARICA

COMMONWEALTH OF PENNSYLVANIA v. MATTHEW C. SKARICA No. 2039 WDA 2008 2009 PA Super 238 Atlantic: n/a Filed: 12/9/2009
	Appeal from the Order November 17, 2008, In the Court of Common Pleas of Mercer County, Criminal Division at No. CP-43-CR-0000078-2008
Before: FORD ELLIOTT, P.J., ALLEN, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
The Commonwealth appeals the order granting the motion to suppress filed by Appellant Matthew C. Skarica that claimed the police violated Pa.R.Crim.P. 431. We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. JERE DAVID HARTZELL

COMMONWEALTH OF PENNSYLVANIA v. JERE DAVID HARTZELL No. 3288 EDA 2008 2009 PA Super 237 Atlantic: n/a Filed: 12/9/2009
	Appeal from the Judgment of Sentence, July 22, 2008, in the Court of Common Pleas of Monroe County Criminal Division at No. CP-45-CR-0001283-2007
Before: FORD ELLIOTT, P.J., PANELLA AND FREEDBERG, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from a judgment of sentence imposed upon appellant after he was convicted in a jury trial of two counts each of recklessly endangering another person (“REAP”) and harassment. We affirm.

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ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE

ERIE INSURANCE EXCHANGE v. DONNA M. LARRIMORE and CHARLES LARRIMORE No. 536 EDA009 2009 PA Super 236 Atlantic: n/a Filed: 12/8/2009
	Appeal from the Order Entered January 13, 2009 In the Court of Common Pleas of Carbon County Civil at No(s): 07-1991
Before: FORD ELLIOTT, P.J., PANELLA, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
In this declaratory judgment action involving a coverage question under the Motor Vehicle Financial Responsibility Law (“MVFRL”), 75 Pa.C.S.A. §§ 1701 et seq., Erie Insurance Exchange (“Erie”) appeals from the Order granting summary judgment in favor of Donna and Charles Larrimore and against Erie. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LENNARD FRANSEN

COMMONWEALTH OF PENNSYLVANIA v. LENNARD FRANSEN No. 2482 EDA 2008 2009 PA Super 235 Atlantic: n/a Filed: 12/7/2009
	Appeal from the Order entered July 20, 2004 In the Court of Common Pleas of Monroe County Criminal No.: CP-45-CR-0001492-2002
Before: PANELLA, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Lennard Fransen, files this pro se appeal from the order entered in the Monroe County Court of Common Pleas, which granted relief on his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). Appellant has also filed a pro se motion to withdraw unrequested counsel from any representation. After review, we hold that, pursuant to the Pennsylvania Supreme Court’s decision in Commonwealth v. Liston, ___ Pa. ___, 977 A.2d 1089 (2009) (“Liston II”), a PCRA petitioner who is granted reinstatement of his direct-appeal rights nunc pro tunc is not entitled to a subsequent order reinstating his right to file post-sentence motions nunc pro tunc if he has not requested such relief with the PCRA court, and if the court did not hold an evidentiary hearing on that issue. We accordingly deny Appellant’s motion without prejudice and affirm the PCRA court’s order with instructions.

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U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. PETER H. POWERS APPEAL OF: HEATHER A. RITCH

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE v. PETER H. POWERS APPEAL OF: HEATHER A. RITCH No. 771 EDA 2008 2009 PA Super 234 Atlantic: n/a Filed: 12/7/2009
	Appeal from the Order entered January 17, 2008 In the Court of Common Pleas of Philadelphia County Civil No. April Term, 2007, No. 2684
Before: KLEIN, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Heather A. Ritch, appeals from the order entered in the Philadelphia County Court of Common Pleas. In this case we consider whether a party who owns property near other property and has maintained that other property for seven years is a “party in interest” under Pennsylvania Rule of Civil Procedure 3132 and has standing to petition to set aside a sheriff’s sale of that other property. We hold that she does not and affirm the trial court’s order.

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ESTATE OF CHRISTOPHER ARANDA, SUSAN YACOVELLI, Administratrix v. CHRISTOPHER AMRICK, M.D., MICHAEL BULETTE, M.D., POCONO EMERGENCY ASSOCIATES, COLLEEN

ESTATE OF CHRISTOPHER ARANDA, SUSAN YACOVELLI, Administratrix v. CHRISTOPHER AMRICK, M.D., MICHAEL BULETTE, M.D., POCONO EMERGENCY ASSOCIATES, COLLEEN CAHILL, M.D., MOHAMMED AZAM, M.D., CHUKWUDI OGBOLU, M.D., PMC PHYSICIANS ASSOCIATES HOSPITALISTS, RICHARD KENNEDY, M.D., BENJAMIN COOPER, M.D., MONROE RADIOLOGY IMAGING, P.C., JEFFREY BAIR, M.D., VIDYASHANKAR PONNATHPUR, M.D., MEDICAL ASSOCIATES OF MONROE COUNTY, UMESH DALA, M.D., POCONO MEDICAL GROUP & NEPHROLOGY CONSULTANTS, LLC., POCONO MEDICAL CENTER, POCONO HEALTH SYSTEM and POCONO MEDICAL CENTER HEALTH SYSTEM No. 3444 EDA 2008 2009 PA Super 233 Atlantic: n/a Filed: 12/3/2009
	Appeal from the Order entered November 4, 2008 In the Court of Common Pleas of Monroe County Civil at No. 2007 Civil 09859
Before: FORD ELLIOTT, P.J., PANELLA and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
This matter is before the Court on the appeal of Susan Yacovelli, the administratrix of the estate of Christopher Aranda. She appeals from the order entered by the Court of Common Pleas of Monroe County on November 4, 2008, denying her motion to open a judgment of non pros in her wrongful death and survival case against Dr. Vidyashankar Ponnathpur. We vacate and remand.

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COMMONWEALTH OF PENNSYLVANIA v. NOLAN ANTOSZYK

COMMONWEALTH OF PENNSYLVANIA v. NOLAN ANTOSZYK No. 689 WDA 2008 2009 PA Super 232 Atlantic: n/a Filed: 12/2/2009
	Appeal from the Order entered April 11, 2008 In the Court of Common Pleas of Allegheny County Criminal No: CP-02-CR-0009936-2005
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
The Commonwealth of Pennsylvania appeals from the order entered in the Allegheny County Court of Common Pleas, which granted the suppression motion filed by Appellee, Nolan Antoszyk. The Commonwealth contends an affidavit that includes material misstatements from a confidential informant should not render inadmissible evidence obtained from a warrant approved on the basis of the faulty affidavit. Because the good-faith exception to the exclusionary rule does not apply in Pennsylvania, we hold that the trial court properly suppressed the evidence obtained solely through the deliberate misstatements the informant admittedly made to the affiant. In so holding, we conclude that this Court’s decision in Commonwealth v. Bradshaw, 434 A.2d 181 (Pa. Super. 1981), was abrogated by the Pennsylvania Supreme Court’s decision in Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887 (1991), and we adopt the lead opinion from this Court’s decision in Commonwealth v. Clark, 602 A.2d 1323 (Pa. Super. 1992) (plurality). Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SABOR COLEMAN

COMMONWEALTH OF PENNSYLVANIA v. SABOR COLEMAN No. 995 EDA 2009 2009 PA Super 229 Atlantic: n/a Filed: 12/1/2009
	Appeal from the Judgment of Sentence entered on February 23, 2009, in the Court of Common Pleas of Delaware County, Criminal Division, at No(s). CP-23-CR-0004715-2008
Before: STEVENS, POPOVICH, and HUDOCK*, JJ.
Opinion by: HUDOCK, J.
Appellant, Sabor Coleman, appeals from the judgment of sentence entered on February 23, 2009, as made final by the denial of post-sentence motions on March 5, 2009. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RODERICK FRANCIS BAILEY

COMMONWEALTH OF PENNSYLVANIA v. RODERICK FRANCIS BAILEY No. 1788 WDA 2007 2009 PA Super 230 Atlantic: n/a Filed: 12/1/2009
	Appeal from the Judgment of Sentence of September 18, 2007 in the Court of Common Pleas of Allegheny County, Criminal Division, No. CP-02-CR-0002377-2006
Before: KLEIN, J., McEWEN, P.J.E., and HUDOCK, J.
Opinion by: KLEIN, J.
Concurring Statement by: McEWEN, P.J.E.
Roderick Francis Bailey appeals from the judgment of sentence imposed on his convictions of various weapons charges. The trial judge, the Honorable Anthony M. Mariani, found that the consent to search was not voluntary. However, he further found that the car would have been towed and an inventory search conducted and therefore discovery of the gun in the car was inevitable. We agree and affirm. It is true that the car was not in a spot causing a hazard or blocking traffic and it was not proper to tow and inventory the car under traditional common law principles. However, the statute has a separate section allowing towing and inventory when a person is arrested and is being taken to an “issuing authority.” Since there is another section dealing with towing when the vehicle is creating a hazard, the legislative intent should be interpreted to allowing towing after an arrest even if there is no hazard.

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COMMONWEALTH OF PENNSYLVANIA v. JOHN D. AU

COMMONWEALTH OF PENNSYLVANIA v. JOHN D. AU No. 2002 MDA 2007 2009 PA Super 231 Atlantic: n/a Filed: 12/1/2009
	Appeal from the Order Entered October 30, 2007 In the Court of Common Pleas of Centre County Criminal Division at No. CP-14-CR-0001363-2007
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: SHOGAN, J.
This is a Commonwealth appeal from the order granting John D. Au’s (Appellee) motion to suppress evidence. The Commonwealth claims that the trial court erred in granting Appellee’s motion. For the following reasons, we affirm.

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