Thursday, February 25, 2010

MARY KAY SEDLACEK, EXECUTRIX OF THE ESTATE OF EDWARD SEDLACEK, AND MARY KAY SEDLACEK IN HER OWN RIGHT v. A.O. SMITH CORPORATION, A.W.

MARY KAY SEDLACEK, EXECUTRIX OF THE ESTATE OF EDWARD SEDLACEK, AND MARY KAY SEDLACEK IN HER OWN RIGHT v. A.O. SMITH CORPORATION, A.W. CHESTERTON, ALCOA, INC., ALLIED GLOVE CORPORATION, AMERICAN OPTICAL CORPORATION, ANCHOR PACKING COMPANY, ARGO PACKING COMPANY, ATLAS INDUSTRIES, INC., B.F. GOODRICH COMPANY, CASHCO, INC., CBS CORPORATION, CRANE CO., CROWN CORK & SEAL, DANA CORPORATION, DEZURIK, INC., DURABLA MANUFACTURING CO., E.W. BLISS COMPANY, EARL B. BEACH COMPANY, EICHLEAY CORPORATION, F.B. WRIGHT COMPANY OF PITTSBURGH, FLOWSERVE CORPORATION, F/K/A BYRON JACKSON, FOSTER WHEELER, THE GAGE COMPANY, GARLOCK INC., GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES CO., GEORGE V. HAMILTON, INC., GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN TWEED & COMPANY, HINCHLIFFE & KEENER, INC., HONEYWELL, INC., HUNTER SALES, I.U. NORTH AMERICA, INDUSTRIAL HOLDINGS COMPANY, INGERSOLL RAND, ITT INDUSTRIES, KENTILE FLOORS, INC., M.S. JACOBS & ASSOCIATES, INC., McCARLS, INC., MELRATH SUPPLY & GASKET CO., METROPOLITAN LIFE INSURANCE COMPANY, MOBILE OIL CORPORATION, NAGEL PUMPS, OWEN-ILLINOIS, POWER PIPING, SAFETY FIRST INDUSTRIES, INC., THE SAGER CORPORATION, SEALITE, INC., SEPCO CORPORATION, STOCKHAM VALVES & FITTINGS, TAYLORED INDUSTRIES, UNION CARBIDE CORP., UNIROYAL, INC., VIACOM, WASHINGTON GROUP INTERNATIONAL (at 592)
MARY LOU CROOKS, EXECUTRIX OF THE ESTATE OF FRANK C. CROOKS, DECEASED, AND MARY LOU CROOKS, IN HER OWN RIGHT v. A.O. SMITH CORPORATION, ALCOA, INC., ALLIED GLOVE CORPORATION, AMERICAN OPTICAL CORPORATION, ANCHOR PACKING COMPANY, ARGO PACKING COMPANY, ATLAS INDUSTRIES, INC., B.F. GOODRICH COMPANY, BORG-WARNER, CASHCO, INC., CERTAINTEED CORPORATION, CRANE CO., CROWN CORK & SEAL, DANA CORPORATION, DEZURIK, INC., DURABLA MANUFACTURING CO., E.W. BLISS COMPANY, EARL B. BEACH COMPANY, EICHLEAY CORPORATION, F.B. WRIGHT COMPANY OF PITTSBURGH, FLOWSERVE CORPORATION, F/K/A BYRON JACKSON, GARLOCK INC., GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES CO., GEORGE V. HAMILTON, INC., GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREENE TWEED & COMPANY, HINCHLIFFE & KEENER, INC., HONEYWELL, INC., HUNTER SALES, I.U. NORTH AMERICA, INDUSTRIAL HOLDINGS COMPANY, INGERSOLL RAND, ITT INDUSTRIES, KENTILE FLOORS, INC., M.S. JACOBS & ASSOCIATES, INC., McCARLS, INC., MELRATH SUPPLY & GASKET CO., METROPOLITAN LIFE INSURANCE COMPANY, MOBILE OIL CORPORATION, NAGLE PUMPS, OGLEBAY NORTON, OWENS-ILLINOIS, POWER PIPING, SAFETY FIRST INDUSTRIES, INC., THE SAGER CORPORATION, SEALITE, INC., SEPCO CORPORATION, STOCKHAM VALVES & FITTINGS, TAYLORED INDUSTRIES, UNION CARBIDE CORP., UNIROYAL, INC., VIACOM, WASHINGTON GROUP INTERNATIONAL(at 612)

No. 592 and 612 WDA 2008 2010 PA Super 25 Atlantic: n/a Filed: 2/25/2010

Appeal from the Orders Entered March 5, 2008 and March, 20, 2008,
in the Court of Common Pleas of Westmoreland County
Civil Division at Nos. 5904 of 2005 abd 7645 of 2005.
Before: FORD ELLIOTT, P.J., DONOHUE AND COLVILLE,? JJ.
Opinion by: FORD ELLIOT, P.J.
Concurring Opinion by: DONOHUE, J.
These appeals are from orders granting summary judgment in favor of appellee, ALCOA, in actions for personal injury in the nature of occupational or work-related disease. As set forth infra and in recognition of this court’s recent decision in Ranalli v. Rohm and Haas Co., 2009 WL 2857521 (Pa.Super. September 8, 2009) (reargument denied), we affirm.
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Tuesday, February 23, 2010

COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING

COMMONWEALTH OF PENNSYLVANIA v. JAMAR DOWNING
No. 1629 EDA 2007 2010 PA Super 23 Atlantic: n/a Filed: 2/23/2010

Appeal from the Judgment of Sentence March 30, 2007
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-13000964-2006
Before: STEVENS, SHOGAN, and COLVILLE, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and carrying a firearm on the public streets of Philadelphia, 18 Pa.C.S.A. § 6108. On appeal, Appellant challenges the discretionary aspects of his sentence. Specifically, Appellant contends (1) the trial court abused its discretion in considering an improper factor in sentencing Appellant at the top of the aggravated range in that the trial court’s finding that Appellant possessed the gun for a “criminal purpose” is not supported by the record, (2) the trial court abused its discretion in failing to consider Appellant’s rehabilitative needs and the protection of society, and (3) the trial court abused its discretion in failing to consider Appellant’s particular characteristics. We affirm.
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COMMONWEALTH OF PENNSYLVANIA v. JAVON OMAR FRANKLIN

COMMONWEALTH OF PENNSYLVANIA v. JAVON OMAR FRANKLIN
No. 110 WDA 2009 2010 PA Super 24 Atlantic: n/a Filed: 2/23/2010

Appeal from the PCRA Order, December 19, 2009,
in the Court of Common Pleas of Erie County
Criminal Division at No. CP-25-CR-0000406-2007
Before: FORD ELLIOTT, P.J., ALLEN AND POPOVICH, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from an order denying appellant relief under the Post-Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546. We affirm.
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Monday, February 22, 2010

SCOTT ROBERTSON AND MARA MILLER, H/W v. ADREXEL UNIVERSITY, CONSTANTINE PAPADAKIS, STEPHEN W. DIRECTOR AND DAVID E. FRENSKE

SCOTT ROBERTSON AND MARA MILLER, H/W v. ADREXEL UNIVERSITY, CONSTANTINE PAPADAKIS, STEPHEN W. DIRECTOR AND DAVID E. FRENSKE
No. 2879 EDA 2008 2010 PA Super 22 Atlantic: n/a Filed: 2/22/2010

Appeal from the Order entered September 10, 2008
In the Court of Common Pleas of Philadelphia County
Civil No. August Term, 2007, No. 001576

Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.

This is an appeal from an order entering summary judgment in favor of Appellees/defendants below in an action based on claims of contract breach involving the denial of tenure to an associate professor at Drexel University. We affirm, concluding that the performance evaluation process which culminated in a finding that Appellant had failed to meet the standard required for an award of tenure did not constitute a breach of his employment contract.
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Friday, February 19, 2010

COMMONWEALTH OF PENNSYLVANIA v. HENRY WILLIS

COMMONWEALTH OF PENNSYLVANIA v. HENRY WILLIS
No. 2613 EDA 2008 2010 PA Super 19 Atlantic: n/a Filed: 2/17/2010

Appeal from the Judgment of Sentence of
August 28, 2008 in the Court of Common Pleas of
Philadelphia County, Criminal Division, No. CP-51-CR-1303701-2006
Before: SHOGAN, LAZARUS and KELLY, JJ.
Opinion by: LAZARUS, J.
Henry Willis appeals his judgment of sentence imposed on August 28, 2008 after a jury found him guilty of possession with intent to deliver a controlled substance and criminal use of a communications facility. Willis received concurrent sentences of 7½ to 15 years and 1 to 2 years in prison, respectively.
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Wednesday, February 17, 2010

IN RE: S.C.B., A MINOR IN RE: J.G.B., A MINOR APPEAL OF: C.B.

IN RE: S.C.B., A MINOR IN RE: J.G.B., A MINOR APPEAL OF: C.B.
No. 840 and 841 WDA 2009 2010 PA Super 20 Atlantic: n/a Filed: 2/17/2010

Appeal from the Order Entered April 21, 2009,
Court of Common Pleas, Allegheny County,
Orphans’ Court Division, at No. CYF 261 of 2007 and CYF 260 of 2007.
Before: BENDER, SHOGAN and FITZGERALD?, JJ.
Opinion by: SHOGAN, J.
C.B., (“Mother”), appeals from the orders entered on April 21, 2009, granting the petitions filed by the Allegheny County Office of Children, Youth and Families (“CYF”), to involuntarily terminate her parental rights to her twin minor children, S.C.B. and J.G.B., (collectively, “Children”), pursuant to the Adoption Act, 23 Pa.C.S.A. § 2511(a)(1), (2), (5), and (8), and (b). In this appeal, Mother challenges, inter alia, the allowance of the termination of parental rights hearing to proceed in the absence of her guardian ad litem. For the reasons that follow, we affirm.
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Tuesday, February 16, 2010

COMMONWEALTH OF PENNSYLVANIA v. ROBERT JEFFREY FINK

COMMONWEALTH OF PENNSYLVANIA v. ROBERT JEFFREY FINK
No. 2041 MDA 2008 2010 PA Super 18 Atlantic: n/a Filed: 2/16/2010

Appeal from the Judgment of Sentence entered October 16, 2008
In the Court of Common Pleas of Lancaster County
Criminal Division at No. CP-36-CR-0004384-2001
Before: BENDER, GANTMAN and POPOVICH, JJ.
Opinion by: BENDER, J.
Appellant, Robert Jeffrey Fink, appeals from the judgment of sentence of four to eight years’ incarceration imposed after Fink violated conditions of his parole. Fink raises one issue for our review: “Did the court err in finding that Mr. Fink violated his [parole] by being discharged from sex offender counseling for failing to completely disclose his sexual history, where disclosure of this history required Mr. Fink to confess to committing criminal acts, and to provide information regarding these acts which could have provided an essential link in a chain of evidence resulting in criminal charges against him?” Brief for Appellant at 4. We concur in Fink’s assessment that questions posed in a questionnaire he was required to complete in sex offender counseling would reveal “essential link[s] in a chain of evidence” that could support criminal prosecution on other charges. We conclude accordingly that Fink’s responses were conditionally privileged, subject to his constitutional right against self-incrimination and our holding in Commonwealth v. Shrawder, 940 A.2d 436 (Pa. Super. 2007). Thus, the trial court erred in declaring Fink in violation of his parole for refusing to complete the questionnaire. Accordingly, we vacate the judgment of sentence imposed upon Fink’s parole violation and remand this matter for reinstatement of parole and probation.
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Friday, February 12, 2010

COMMONWEALTH OF PENNSYLVANIA v. RICHARD D. CORRIGAN, JR.

COMMONWEALTH OF PENNSYLVANIA v. RICHARD D. CORRIGAN, JR.
No. 2 WDA 2009 2010 PA Super 17 Atlantic: n/a Filed: 2/12/2010

Appeal from the Judgment of Sentence entered on December 9, 2008
in the Court of Common Pleas of Clearfield County,
Criminal Division, No. CP-17-CR-0001167-2007
Before: MUSMANNO, GANTMAN and DONOHUE, JJ.
Opinion by: MUSMANNO, J.
Richard D. Corrigan, Jr., (“Corrigan”) appeals from the judgment of sentence imposed following his convictions of driving under the influence (“DUI”) and driving on the right side of roadway. See 75 Pa.C.S.A. §§ 3802(c), 3301. We vacate and remand.
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Monday, February 1, 2010

A.D. v. M.A.B.

A.D. v. M.A.B.
No. 1883 EDA 2009 2010 PA Super 15 Atlantic: n/a Filed: 2/1/2010

Appeal from the Order Entered June 4, 2009, in the
Court of Common Pleas of Philadelphia County
at OC 0171488
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
M.A.B. (“Father”) appeals from the order entered in the Philadelphia County Court of Common Pleas, which declined jurisdiction in this child custody matter in favor of the courts of the State of Michigan upon reconsideration of the trial court’s order of February 23, 2009, as requested by A.D. (“Mother”). We hold that the trial court considered and properly weighed all the relevant factors for inconvenient forums pursuant to 23 Pa.C.S. § 5427. Accordingly, we affirm.
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COMMONWEALTH OF PENNSYLVANIA v. DAVID PIERRE KING

COMMONWEALTH OF PENNSYLVANIA v. DAVID PIERRE KING
No. 1978 WDA 2008 2010 PA Super 16 Atlantic: n/a Filed: 2/1/2010

Appeal from the Judgment of Sentence of July 19, 2007,
in the Court of Common Pleas of Allegheny County,
Criminal Division at No. CP-02-CR-0009438-2005
Before: PANELLA, SHOGAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is an appeal from judgment of sentence. There are three issues: (1) whether the evidence was sufficient to support Appellant’s conviction for third degree murder; (2) whether the trial court erred in denying Appellant’s motion to bar his trial on grounds of double jeopardy; and (3) whether the trial court erred in not setting aside the verdict due to juror misconduct. We affirm the judgment of sentence.
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