Wednesday, March 31, 2010

COMMONWEALTH OF PENNSYLVANIA v. RAYMOND POWELL and CLAYTON J. SOLOMON


COMMONWEALTH OF PENNSYLVANIA v. RAYMOND POWELL and CLAYTON J. SOLOMON
No. 916 MDA 2009 2010 PA Super 51 Atlantic: n/a Filed: 3/31/2010

Appeal from the Order entered May 1, 2009,
in the Court of Common Pleas of Cumberland County,
Criminal, at No. CP-21-CR-0002782-2008 & CP-21-CR-0002813-2008
Before: GANTMAN, ALLEN, and LAZARUS, JJ.
Opinion by: ALLEN, J.
In this appeal, the Commonwealth asserts that the trial court erred in granting Appellees’ motion to suppress physical evidence. We affirm in part, reverse in part, and remand.
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TOWNSHIP OF NORTH FAYETTE v. MARIAN GUYAUX

TOWNSHIP OF NORTH FAYETTE v. MARIAN GUYAUX
No. 2072 WDA 2008 2010 PA Super 53 Atlantic: n/a Filed: 3/31/2010

Appeal from the Order Dated November 14, 2008,
Court of Common Pleas, Allegheny County,
Civil Division, at No. A.R. 08-9342.
Before: PANELLA, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Marian Guyaux (“Mrs. Guyaux”) appeals from the order striking her appeal from a district court judgment entered in favor of the Township of North Fayette (“Township”). We affirm.
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Tuesday, March 30, 2010

IN RE: ESTATE OF DONALD J. AIELLO, DECEASED APPEAL OF: DAVID J. AIELLO

IN RE: ESTATE OF DONALD J. AIELLO, DECEASED
APPEAL OF: DAVID J. AIELLO

No. 1048 WDA 2009 2010 PA Super 52 Atlantic: n/a Filed: 3/30/2010

Appeal from the Order dated December 31, 2008 in the
Court of Common Pleas of Cameron/Elk County,
Civil Division, No. 13 of 2000
Before: PANELLA, ALLEN, and LAZARUS, JJ.http://www.blogger.com/post-create.g?blogID=725292761438552781
Opinion by: LAZARUS, J.
David J. Aiello appeals from the order of the Court of Common Pleas of Cameron/Elk County, Orphans’ Court Division dated December 31, 2008, sustaining in part and overruling in part the amended objections of Maria A. Aiello to the First and Final Account of David J. Aiello, Executor of the Will of Donald J. Aiello, Deceased. We affirm.
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Friday, March 26, 2010

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HENRY GORDON

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HENRY GORDON
No. 594 MDA 2009 2010 PA Super 49 Atlantic: n/a Filed: 3/26/2010

Appeal from the Judgment of Sentence of
March 9, 2009 in the Court of Common Pleas of Lancaster
County, Criminal Division, No. CP-36-CR-0003935-2007
Before: FORD ELLIOTT, P.J., LAZARUS and FITZGERALD, JJ.
Opinion by: LAZARUS, J.
William Henry Gordon appeals from his judgment of sentence after being convicted of violating a registration provision (failure to report address change) of Pennsylvania’s version of Megan’s Law (“Act”) and sentenced to a mandatory minimum term of 3-6 years’ incarceration. On appeal he claims: (1) under a strict reading of the applicable Megan’s Law provisions, he is not subject to prosecution for failure to comply with the registration provisions and (2) the trial court erred in admitting the testimony of a Pennsylvania State Police Trooper regarding a letter sent to Gordon explaining the registration process. Because we are bound by the statutory language of the Megan’s Law registration provisions, we are constrained to vacate and discharge the defendant.
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HAROLD B. TROWBRIDGE v. RICHARD AND MARY MCCAIGUE v. SYLVAN GLEN, INC.

HAROLD B. TROWBRIDGE v. RICHARD AND MARY MCCAIGUE v. SYLVAN GLEN, INC.
No. 1965 WDA 2008 2010 PA Super 50 Atlantic: n/a Filed: 3/26/2010

Appeal from the Order Entered on October 21, 2008
In the Court of Common Pleas of Potter County
Civil Division at No. 257 of 2008
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: SHOGAN, J.
Harold Trowbridge (Appellant) appeals from the order granting Richard and Mary McCaigue’s (Appellees) motion for judgment on the pleadings. Appellant claims that the trial court erred in granting the motion because the parties had entered into a contract for the sale of real estate, which Appellees breached, thereby entitling Appellant to specific performance. For the following reasons, we reverse.
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Thursday, March 25, 2010


No. 167 MDA 2009 2010 PA Super 47 Atlantic: n/a Filed: 3/25/2010

Appeal from the Order Entered January 14, 2009

In the Court of Common Pleas of Columbia/Montour County

Criminal Division at No(s): CP-19-CR-0000733-2008

Before: FORD ELLIOTT, P.J., FREEDBERG, and COLVILLE, JJ.
Opinion by: FREEDBERG, J.

The Commonwealth appeals from an order entered on January 14, 2009, by the Court of Common Pleas of Columbia County, which granted Appellees’, Diane Dent and Walter Watkins, petition for a writ of habeas corpus and dismissed the criminal charges against them. We reverse and remand.

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ANTHONY J. SABELLA v. ESTATE OF GUS MILIDES, MARYSHANNON, PERSONAL REPRESENTATIVE AND BARBARA RUSH RENKERT

ANTHONY J. SABELLA v. ESTATE OF GUS MILIDES, MARYSHANNON, PERSONAL REPRESENTATIVE AND BARBARA RUSH RENKERT
No. 2605 EDA 2008 2010 PA Super 48 Atlantic: n/a Filed: 3/25/2010

Appeal from the Order entered August 7, 2008
In the Court of Common Pleas of Northampton County
Civil, No. C48CV2006002450

Before: FORD ELLIOTT, P.J., BENDER, AND GANTMAN, JJ.
Opinion by: GANTMAN, J.

Appellant, Anthony J. Sabella, asks us to determine whether the trial court erred in denying his petition to strike the judgment of non pros entered in the Northampton Country Court of Common Pleas in favor of Appellees, Estate of Gus Milides, Mary Shannon, Personal Representative, and Barbara Rush Renkert (collectively “Appellee”), based on Appellant’s failure to file a certificate of merit under Pa.R.C.P. 1042.3. We hold the court erred in denying Appellant’s motion to strike the judgment of non pros, entered for failure to file a certificate of merit, where this case was not one of professional liability that required a certificate of merit. Accordingly, we reverse and remand for further proceedings.-----------------------------------------------------
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Wednesday, March 24, 2010

COMMONWEALTH OF PENNSYLVANIA v. CLINTON OLIVER MOURY

COMMONWEALTH OF PENNSYLVANIA v. CLINTON OLIVER MOURY
No. 158 EDA 2010 2010 PA Super 46 Atlantic: n/a Filed: 3/24/2010

Appeal from the Judgment of Sentence November 18, 2008
In the Court of Common Pleas of Chester County
Criminal, No. CP-15-CR-0004784-2007
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Clinton Oliver Moury, appeals from the judgment of sentence entered in the Chester County Court of Common Pleas, following his jury trial convictions for two (2) counts of discharge of a firearm into an occupied structure, carrying a firearm without a license, possession of an instrument of crime with intent (“PIC”), two (2) counts of driving under the influence (“DUI”), six (6) counts of recklessly endangering another person (“REAP”), accidental damage to unattended vehicle or property, and two (2) counts of criminal conspiracy. We affirm.
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Tuesday, March 23, 2010

COMMONWEALTH OF PENNSYLVANIA v. LEABERT GEORGE GRANT

COMMONWEALTH OF PENNSYLVANIA v. LEABERT GEORGE GRANT
No. 643 WDA 2008 2010 PA Super 45 Atlantic: n/a Filed: 3/23/2010

Appeal from the PCRA Order dated April 4, 2008,
Court of Common Pleas, Allegheny County,
Criminal Division at No. CP-02-CR-0007258-2003
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: DONOHUE, J.
Appellant Leabert George Grant (“Grant”) appeals from the PCRA court’s dismissal of his Amended Petition for Post Conviction Relief and Petition for Writ of Habeas Corpus. Grant contends that his constitutional rights were violated when the PCRA court refused to grant him a new trial after it was discovered that he was represented at trial by someone who was not licensed to practice law because of his repeated failure to fulfill mandatory continuing legal education requirements. For the reasons set forth herein, we conclude that Grant’s rights to the assistance of counsel under the Sixth Amendment of the United States Constitution and Article I, Section 9 of the Pennsylvania Constitution were violated. Accordingly, we reverse the order of the PCRA court dated April 4, 2008, vacate the judgment of sentence dated August 16, 2004, and remand for a new trial.
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Friday, March 19, 2010

COMMONWEALTH OF PENNSYLVANIA v. GILBERT ARROYO

COMMONWEALTH OF PENNSYLVANIA v. GILBERT ARROYO
No. 880 MDA 2009 2010 PA Super 42 Atlantic: n/a Filed: 3/19/2010

Appeal from the Judgment of Sentence of April 7, 2009,
in the Court of Common Pleas of Lancaster County,
Criminal Division at No. CP-36-CR-0005313-2007
Before: FORD ELLIOTT, P.J., GANTMAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from a judgment of sentence. We vacate the judgment of sentence and reverse the order denying Appellant’s motion to dismiss.
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SKIFF RE BUSINESS, INC. D/B/A RE/MAX 440-DOYLESTOWN v. BUCKINGHAM RIDGEVIEW, LP AND SCOTT AND TARA IRVIN APPEAL OF: SKIFF RE BUSINESS, INC. D/B/A RE/M

SKIFF RE BUSINESS, INC. D/B/A RE/MAX 440-DOYLESTOWN v. BUCKINGHAM RIDGEVIEW, LP AND SCOTT AND TARA IRVIN
APPEAL OF: SKIFF RE BUSINESS, INC. D/B/A RE/MAX 440-DOYLESTOWN AND SCOTT AND TARA IRVIN

No. 2507 EDA 2008 2010 PA Super 43 Atlantic: n/a Filed: 3/19/2010

Appeal from the Order entered August 12, 2008
In the Court of Common Pleas of Bucks County
Civil Division at No. 07-05619-32-1
Before: FREEDBERG, CLELAND AND KELLY, JJ.
Opinion by: CLELAND, J.
Appellants Skiff re Business, Inc. d/b/a Re/Max 440-Doylestown (Skiff) and Scott and Tara Irvin (Irvins) appeal the order of the trial court directing entry of judgment for Buckingham Ridgeview, LP. (Buckingham) on causes of action for slander of title, tortious interference with contractual relations, and a brokerage commission. We reverse the trial court on the slander of title and tortious interference actions but affirm on the trial court’s denial of a brokerage commission.
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Wednesday, March 17, 2010

ROBERT J. CASTALDI v. CAROLYN A. CASTALDI-VELORIC

ROBERT J. CASTALDI v. CAROLYN A. CASTALDI-VELORIC
No. 969 EDA 2009 2010 PA Super 38 Atlantic: n/a Filed: 3/17/2010

Appeal from the Order entered February 26, 2009
In the Court of Common Pleas of Delaware County
Domestic Relations at No(s): DOCKET#: 9001482 PACSES#: 592004333
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
Concurring Statement by: McEWEN, P.J.E.
Father appeals pro se from the Order entered in the Court of Common Pleas of Delaware County, which dismissed his petition to modify the termination date of his child support obligation and arrears as it relates to his now adult daughter, Stephanie. On appeal, Father contends that, since Mother failed to respond to emancipation inquiries, the Delaware County Domestic Relations Office (Domestic Relations Office) properly terminated child support as to Stephanie on January 17, 2007, which was her eighteenth birthday. Father further contends that the Domestic Relations Office was not permitted to subsequently modify the termination date to reflect the date of Stephanie’s graduation from high school, which was June 14, 2007. After a careful review, we affirm.
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COMMONWEALTH OF PENNSYLVANIA v. BARMI FUENTES

COMMONWEALTH OF PENNSYLVANIA v. BARMI FUENTES
No. 817 EDA 2008 2010 PA Super 36 Atlantic: n/a Filed: 3/17/2010

Appeal from the Judgment of Sentence February 29, 2008
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0312481-2006
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN, & ALLEN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: BENDER, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant’s negotiated guilty plea to the charges of aggravated indecent assault, 18 Pa.C.S.A. § 3125, and three counts of robbery, 18 Pa.C.S.A. § 3701(a)(1). On appeal, Appellant seeks review of the trial court’s determination that he is a sexually violent predator (SVP) under Megan’s Law. Specifically, Appellant contends the trial court erred in determining the Commonwealth proved by clear and convincing evidence that: (1) Appellant suffered from an antisocial personality disorder and (2) Appellant was “likely” to engage in future predatory sexual violence. We affirm.
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KIM GREGORY HUNTER v. SHIRE US, INC.

KIM GREGORY HUNTER v. SHIRE US, INC.
No. 1403 EDA 2008 2010 PA Super 39 Atlantic: n/a Filed: 3/17/2010

Appeal from the Order Dated February 14, 2008,
in the Court of Common Pleas of Philadelphia County,
Civil Division, at February Term, 2007 No. 3259.
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Shire US, Inc. appeals from the February 14, 2008 order denying its request either to dismiss this action on the basis of 42 Pa.C.S. § 5322(e) or to transfer this action to Chester County, Pennsylvania, under Pa.R.Civ.P. 1006(d)(1). We affirm.
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Tuesday, March 16, 2010

J. P. v. S. P.

J. P. v. S. P.
No. 1229 WDA 2009 2010 PA Super 37 Atlantic: n/a Filed: 3/16/2010

Appeal from the Order Dated June 24, 2009
In the Court of Common Pleas of Lawrence County
Civil Division at No. 11210 of 2008, C.A.
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
S.P. (“Mother”) appeals from the trial court’s order dated June 24, 2009, and entered on June 25, 2009, wherein the trial court granted the parties shared legal custody of their three daughters and awarded J.P. (“Father”) primary physical custody of the children. We affirm.http://www.blogger.com/post-create.g?blogID=725292761438552781
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COMMONWEALTH OF PENNSYLVANIA v. MOSES DOZZO

COMMONWEALTH OF PENNSYLVANIA v. MOSES DOZZO
No. 3123 EDA 2008 2010 PA Super 35 Atlantic: n/a Filed: 3/16/2010

Appeal from the Judgment of Sentence August 28, 2008
In the Court of Common Pleas of Philadelphia County
Criminal, Nos. CP-51-CR-0001778-2008, CP-51-CR-0001779-2008,
CP-51-CR-0001781-2008, CP-51-CR-0001782-2008,
CP-51-CR-0001852-2008, CP-51-CR-0004508-2008,CP-51-CR-0007748-2008
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Moses Dozzo, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas following his consolidated jury trial convictions at Criminal No. CP-51-CR-0001778-2008 for robbery, conspiracy, two (2) violations of the Uniform Firearms Act (“UFA”), and possession of an instrument of crime; Criminal No. CP-51-CR- 0001781-2008 for robbery; Criminal No. CP-51-CR-0001782-2008 for robbery; Criminal No. CP-51-CR-0001852-2008 for conspiracy and two (2) counts of robbery; Criminal No. CP-51-CR-0004508-2008 for robbery; and Criminal No. CP-51-CR-0007748-2008 for robbery and two (2) violations of UFA. We affirm.
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Monday, March 15, 2010

GENAEYA CORP. v. HARCO NATIONAL INSURANCE COMPANY

GENAEYA CORP. v. HARCO NATIONAL INSURANCE COMPANY
No. 1704 EDA 2008 2010 PA Super 33 Atlantic: n/a Filed: 3/15/2010

Appeal from the Judgment Entered July 7, 2008,
in the Court of Common Pleas of Wayne County
Civil Division at No. 113 Civil 2007
Before: FORD ELLIOTT, P.J., PANELLA AND FREEDBERG, JJ.
Opinion by: FORD ELLIOT, P.J.
Harco National Insurance Company (“Harco”) appeals from the judgment entered July 7, 2008 in favor of Genaeya Corp. (“Genaeya”) in this declaratory judgment action. After careful review, we are compelled to reverse.
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IN THE INTEREST OF A.C.(at 2252) IN RE: A.C. APPEAL OF: A.C.(at 1967)

IN THE INTEREST OF A.C.(at 2252)
IN RE: A.C.
APPEAL OF: A.C.(at 1967)

No. 2252 WDA 2007 and 1967 WDA 2008 2010 PA Super 34 Atlantic: n/a Filed: 3/15/2010

Appeal from the Order Entered November 13, 2007
In the Court of Common Pleas of Butler County
Civil Division at No. MSD#04-40311
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
A.C. (Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute. For the reasons that follow, we affirm.
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Tuesday, March 9, 2010

COMMONWEALTH OF PENNSYLVANIA v. LYNELL RAGLAND

COMMONWEALTH OF PENNSYLVANIA v. LYNELL RAGLAND
No. 2599 EDA 2008 2010 PA Super 32 Atlantic: n/a Filed: 3/9/2010

Appeal from the Judgment of Sentence July 31, 2008
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0711501-2006
Before: STEVENS, SHOGAN, and COLVILLE, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County after a jury convicted Lynell Ragland of endangering the welfare of a child and corrupting a minor. On July 31, 2008, he was sentenced to a one (1) to two (2) year term of imprisonment to run consecutively with a sentence he was already serving and five years reporting probation. Appellant contends that the trial court erred in refusing to grant a mistrial when the prosecution made improper statements to the jury during closing argument that deprived him of a fair trial. We affirm.
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Friday, March 5, 2010

SAFE AUTO INSURANCE COMPANY v. MELODY BERLIN AND MCKEAN HOSE COMPANY

SAFE AUTO INSURANCE COMPANY v. MELODY BERLIN AND MCKEAN HOSE COMPANY
No. 337 and 417 WDA 2009 2010 PA Super 31 Atlantic: n/a Filed: 3/5/2010

Appeal from the Order Entered December 5, 2008
In the Court of Common Pleas of Erie County
Civil Division at No. 2008-10588
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
Melody Berlin and McKean Hose Company (collectively, the Appellants) appeal the trial court’s entry of a declaratory judgment in favor of Safe Auto Insurance Company (Safe Auto) determining that Safe Auto has no obligation to reimburse the McKean Hose Company for the cost of an emergency rescue it conducted on Berlin’s behalf. The Appellants contend that the language of Safe Auto’s policy is ambiguous and that when interpreted in favor of the insured, the policy mandates the extension of Berlin’s coverage to the expenses the Hose Company incurred. Upon review of the policy’s language, we find no merit in the Appellants’ claims. Accordingly, we affirm the trial court’s entry of declaratory judgment.
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IN RE: ADOPTION OF J.M.d/o/b May 28, 2006 APPEAL OF: J.A.M.

IN RE: ADOPTION OF J.M.d/o/b May 28, 2006
APPEAL OF: J.A.M.

No. 228 WDA 2009 2010 PA Super 30 Atlantic: n/a Filed: 3/5/2010

Appeal from the Order Entered December 22, 2008
In the Court of Common Pleas of Elk County
Orphan’s Court at No. 34-2008
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
J.A.M. (“Mother”) appeals from the decree entered on December 22, 2008, wherein the trial court denied her petition to involuntarily terminate J.D.’s (“Father”) parental rights to their daughter, J.M., pursuant to the Adoption Act, 23 Pa.C.S. § 2511. We reverse the decree and remand with instructions.
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Thursday, March 4, 2010

COMMONWEALTH OF PENNSYLVANIA v. RONALD AIKENS
No. 2773 EDA 2008 2010 PA Super 29 Atlantic: n/a Filed: 3/4/2010

Appeal from the Order Entered October 2, 2008,
in the Court of Common Pleas of Philadelphia County,
Criminal Division, at No. CP-51-CR-0201941-2002.
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Ronald Aikens appeals from the October 2, 2008 order denying him PCRA relief. We affirm.
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CHARLES MEADOWS ET AL. v. ENOCH GOODMAN

CHARLES MEADOWS ET AL. v. ENOCH GOODMAN
No. 1737 EDA 2009 2010 PA Super 28 Atlantic: n/a Filed: 3/4/2010

Appeal from the Order entered May 11, 2009
In the Court of Common Pleas of Philadelphia County
Civil No. May Term 2008, No. 00297
Before: BOWES, GANTMAN and KELLY, JJ.
Opinion by: KELLY, J.
Charles Meadows and Terry Bell, Appellants, appeal from the order entered in the Philadelphia County Court of Common Pleas denying their motion to amend their complaint and dismissing the case. We hold that the trial court erred in denying a motion, which clearly sought to join a defendant but was mis-titled a “motion to amend complaint,” and which was filed before the statute of limitations had run, where neither the named defendant nor proposed defendant would suffer prejudice. We further hold the court erred in sua sponte dismissing the case where, even if the motion to join a defendant were properly denied, there remained outstanding claims. We reverse and remand.
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Tuesday, March 2, 2010

COMMONWEALTH OF PENNSYLVANIA v. MARCUS BROWN

COMMONWEALTH OF PENNSYLVANIA v. MARCUS BROWN
No. 2351 EDA 2008 2010 PA Super 27 Atlantic: n/a Filed: 3/2/2010

Appeal from the Judgment of Sentence June 6, 2008,
Court of Common Pleas, Delaware County,
Criminal Division at No. CP-23-CR-0005741-2006
Before: GANTMAN, DONOHUE and CLELAND, JJ.
Opinion by: DONOHUE, J.
Marcus Brown (“Brown”) appeals from the judgment of sentence entered on June 6, 2008 following his conviction of robbery, 18 Pa.C.S.A. § 3701(a)(1)(ii), aggravated assault of a police officer, 18 Pa.C.S.A. § 2702(a)(3), and possession of an instrument of crime (“PIC”), 18 Pa.C.S.A. § 907(a). On appeal, Brown raises a suppression issue, as well as weight and sufficiency claims. After careful review, we affirm.
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Monday, March 1, 2010

ROHM AND HAAS COMPANY v. DR. MANHUA MANDY LIN, EVERNU TECHNOLOGY LLC, PHILADELPHIA NEWSPAPERS LLC AND WILLOW GROVE BK APPEAL OF: DR. MANHUA MANDY LIN

ROHM AND HAAS COMPANY v. DR. MANHUA MANDY LIN, EVERNU TECHNOLOGY LLC, PHILADELPHIA NEWSPAPERS LLC AND WILLOW GROVE BK
APPEAL OF: DR. MANHUA MANDY LIN (at 1556) APPEAL OF: EVERNU TECHNOLOGY LLC (at 1601)

No. 1556 EDA 2008 2010 PA Super 26 Atlantic: n/a Filed: 3/1/2010

Appeal from the Judgment Entered May 5, 2008,
Court of Common Pleas, Montgomery County,
Civil Division, at No 00-10035.
Before: BENDER, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
In these consolidated appeals, Dr. Manhua Lin (“Dr. Lin”) and EverNu Technology LLC (“EverNu”) appeal from the order entering a default judgment and a permanent injunction in favor of Dr. Lin’s former employer, Rohm and Haas Company (“Rohm and Haas”), as a discovery sanction against Dr. Lin. After careful review, we affirm in part, vacate in part and remand for further proceedings consistent with this Opinion. We quash EverNu’s appeal.
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