TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS

TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS, AND SUBSIDIARIES,GULF COAST BANK AND TRUST COMPANY D/B/A GULF COAST BUSINESS CREDIT v. TOLL BROTHERS, INC. No. 404 EDA 2009 2010 PA Super 100 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Order Entered January 14, 2009, In the Court of Common Pleas of Montgomery County, Civil Division, at No(s): 05-24499.
Before: STEVENS and BOWES, JJ., and McEWEN, P.J.E.
Opinion by: BOWES, J.
Trevdan Building Supply (“Trevdan”) appeals from the order granting the counter-petition for payment in an interpleader proceeding filed by Gulf Coast Bank and Trust Company d/b/a Gulf Coast Business Credit (“Gulf Coast”). That same order divided the interpleaded funds totaling $118,934.00 as follows: Gulf Coast was awarded $89,194.00; Toll Brothers, Inc. (“Toll Brothers”) received $15,000.00 for attorneys’ fees; and Trevdan was granted the remaining $14,740.00. We reverse and remand with directions. We also deny Gulf Coast’s motion for sanctions.

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COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP

COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP No. 2841 EDA 2008 2010 PA Super 101 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Judgment of Sentence of September 9, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0407621-2004.
Before: BOWES, GANTMAN, and KELLY, JJ.
Opinion by: BOWES, J.
Appellant, Ryfee Crump, appeals from the judgment of sentence imposed after the trial court revoked an earlier sentence of probation. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ANGEL L. VALLE-VELEZ

COMMONWEALTH OF PENNSYLVANIA v. ANGEL L. VALLE-VELEZ No. 1151 MDA 2009 2010 PA Super 99 Atlantic: n/a Filed: 5/27/2010
	Appeal from the Order Entered June 4, 2009 in the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000137-2008 CR-0000552-07
Before: SHOGAN, OLSON, and KELLY, JJ.
Opinion by: OLSON, J.
The Commonwealth appeals the trial court’s order entered June 4, 2009, sustaining Appellee’s motion in limine, and finding that the spousal competency privilege set forth in 42 Pa.C.S.A. § 5913 applies to Appellee’s wife, where the couple has separated and filed for divorce, but remain legally married. We were surprised to find that consideration of the privilege within such circumstances is an issue of first impression and commend the trial court on a thorough and well reasoned consideration of this new issue. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LYNELL CHRISTMAS

COMMONWEALTH OF PENNSYLVANIA v. LYNELL CHRISTMAS No. 908 EDA 2009 2010 PA Super 92 Atlantic: n/a Filed: 5/26/2010
	Appeal from the Judgment of Sentence February 20, 2009 In the Court of Common Pleas of Philadelphia County Criminal, No. CP-51-CR-1002291-2003
Before: FORD ELLIOTT, P.J., GANTMAN, AND POPOVICH, JJ.
Opinion by: GANTMAN, J.
Appellant, Lynell Christmas, appeals from the judgment of sentence entered in the Philadelphia County Court of Common Pleas following revocation of his probation. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT TOLAND, II

COMMONWEALTH OF PENNSYLVANIA v. ROBERT TOLAND, II No. 3211 EDA 2008 2010 PA Super 91 Atlantic: n/a Filed: 5/25/2010
	Appeal from the Judgment of Sentence, October 20, 2008, in the Court of Common Pleas of Delaware County Criminal Division at No. CP-23-CR-0008633-2007
Before: FORD ELLIOTT, P.J., STEVENS AND DONOHUE, JJ.
Opinion by: FORD ELLIOT, P.J.
Robert Toland, II, appeals from the judgment of sentence of October 20, 2008, following his conviction of driving under the influence (“DUI”). On appeal, appellant challenges the sufficiency of the evidence to support the conviction, specifically arguing that the Commonwealth failed to prove he was in actual physical control of the vehicle. Appellant also contends that he should have been awarded credit against his sentence for time spent in inpatient alcohol rehabilitation. After careful review, w

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COMMONWEALTH OF PENNSYLVANIA v. MILTON CHARLES PAYNE

COMMONWEALTH OF PENNSYLVANIA v. MILTON CHARLES PAYNE No. 866 WDA 2009 2010 PA Super 97 Atlantic: n/a Filed: 5/25/2010
	Appeal from the Judgment of Sentence entered on April 24, 2009 in the Court of Common Pleas of Crawford County, Criminal Division, Nos. CP-20-SA-0000001-2009
Before: MUSMANNO, BENDER and BOWES, JJ.
Opinion by: MUSMANNO, J.
Milton Charles Payne (“Payne”) appeals from the judgment of sentence imposed after he was convicted of shooting on or across highways. We vacate the judgment of sentence.

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JEFFREY T. PETOW, I. WISTAR MORRIS, III, MARTHA H. MORRIS, WILLIAM M. DAVISON, IV, PAUL SPEARS, ELIZABETH W. STICK, J. WILLIAM WAREHIME, JEFFREY HERR

JEFFREY T. PETOW, I. WISTAR MORRIS, III, MARTHA H. MORRIS, WILLIAM M. DAVISON, IV, PAUL SPEARS, ELIZABETH W. STICK, J. WILLIAM WAREHIME, JEFFREY HERR, AS CUSTODIAN FOR HIS DAUGHTER, JULIE HERR, WAREHIME ENTERPRISES, STEPHEN PORT, NORMAN S. WILDASIN, HOWARD C. PIZER, REUEL H. ZINN AND EVELYN H. ZINN : v. : : JOHN A. WAREHIME, CLAYTON J. : ROHRBACK, JR., JAMES G. STURGILL, : ARTHUR S. SCHAIER, T. EDWARD : LIPPY, THE ESTATE OF GEORGE E. : LAWRENCE, DECEASED AND CYRIL : NOEL : : v. : : HANOVER FOOD CORPORATION : : APPEAL OF: JEFFREY T. PETOW No. 1180 MDA 2009 2010 PA Super 95 Atlantic: n/a Filed: 5/25/2010
	Appeal from the Order Entered June 24, 2009 In the Court of Common Pleas of York County Civil Division at No. 1996 SU 04275-2007
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
Jeffrey T. Petow, I. Wistar Morris, III, Martha H. Morris, William H. Davidson, IV, Paul Spears, Elizabeth W. Stick, J. William Warehime, Jeffrey Herr, as custodian for his daughter, Julie Herr, Warehime Enterprises, Stephen Port, Norman S. Wildasin, Howard C. Pizer, Reuel H. Zinn and Evelyn H. Zinn (collectively “Petow”) appeal from the order entered June 24, 2009, denying Petow’s petition for attorney fees in his suit against John A. Warehime, Clayton J. Rohrback, Jr., James G. Sturgill, Arthur S. Schaier, T. Edward Lippy, the Estate of George E. Lawrence, deceased and Cyril Noel (collectively “Defendants”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. KARAY PRINICE HUDSON

COMMONWEALTH OF PENNSYLVANIA v. KARAY PRINICE HUDSON No. 2166 MDA 2008 2010 PA Super 96 Atlantic: n/a Filed: 5/25/2010
	Appeal from the Judgment of Sentence entered on October 31, 2008 in the Court of Common Pleas of Berks County, Criminal Division, No. CP-06-CR-0002523-2008
Before: MUSMANNO, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: MUSMANNO, J.
Karay Prinice Hudson (“Hudson”) appeals from the judgment of sentence entered following his conviction of two counts each of possession of a controlled substance (marijuana and cocaine) and possession of a controlled substance with the intent to deliver (marijuana and cocaine). We vacate the judgment of sentence and remand.

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COMMONWEALTH OF PENNSYLVANIA v. KEITH A. MILLER

COMMONWEALTH OF PENNSYLVANIA v. KEITH A. MILLER No. 884 MDA 2008 2010 PA Super 93 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Order dated April 14, 2008 In the Court of Common Pleas of Berks County Criminal, No. CP-06-CR-0005112-2006
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: ALLEN, J.
Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the Berks County Court of Common Pleas erred when it suppressed the results of a blood alcohol test performed on Appellee, Keith A. Miller, at a hospital following a motor vehicle accident. We hold the court improperly suppressed the results of Appellee’s blood alcohol test because the blood draw was conducted for independent medical purposes, there is nothing in the record to cast a shadow on this presumption, and the police properly obtained and executed a search warrant for the results. Accordingly, we reverse the suppression court’s order and remand for further proceedings.

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BRENDA JONES, individually and on behalf of all others similarly situated v. INSURANCE COMPANY APPEAL OF: BRENDA JONES

BRENDA JONES, individually and on behalf of all others similarly situated v. INSURANCE COMPANY APPEAL OF: BRENDA JONES No. 3051 EDA 2008 2010 PA Super 90 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Order entered October 17, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at July Term, 2008 – No. 1599.
Before: BOWES, OLSON and FITZGERALD, JJ.
Opinion by: OLSON, J.
In this class action case, Appellant Brenda Jones appeals from the order entered on October 17, 2008, granting preliminary objections in the nature of a demurrer filed by Appellee Nationwide Property and Casualty Insurance Company (Nationwide). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER LE ATANASIO

COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER LE ATANASIO No. 819 MDA 2009 2010 PA Super 94 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Judgment of Sentence entered March 10, 2009 In the Court of Common Pleas of Snyder County Criminal at No(s): CP-55-CR-0000190-2008
Before: BENDER, PANELLA, and LAZARUS, JJ.
Opinion by: PANELLA, J.
Appellant, Christopher Le Atanasio, appeals from the judgment of sentence entered on March 10, 2009, in the Court of Common Pleas, Snyder County. After careful review, we vacate the trial court’s order of restitution and remand.

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COMMONWEALTH OF PENNSYLVANIA v. HADIYAH SHAMSUD-DIN

COMMONWEALTH OF PENNSYLVANIA v. HADIYAH SHAMSUD-DIN No. 548 EDA 2009 2010 PA Super 89 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Judgment of Sentence January 26, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0012745-2008
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
Concurring Opinion by: McEWEN, P.J.E.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County on January 26, 2009, at which time Appellant Hadiyah Shamsud-Din was sentenced to an aggregate sentence of twelve (12) months of reporting probation following her conviction of simple assault and criminal trespass. Upon a review of the record, we affirm.

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MICHELLE RENNIE v. LEONARD D. ROSENTHOL

MICHELLE RENNIE v. LEONARD D. ROSENTHOL No. 1585 EDA 2009 2010 PA Super 88 Atlantic: n/a Filed: 5/17/2010
	Appeal from the Order Entered April 9, 2009, in the Court of Common Pleas of Philadelphia County Domestic Relations at No. 009807111
Before: MUSMANNO, KELLY, JJ., and McEWEN, P.J.E.
Opinion by: MUSMANNO, J.
Michelle Rennie (“Mother”), appeals from the Order entered in the Philadelphia County Court of Common Pleas on April 9, 2009, exercising jurisdiction in a custody matter with Leonard D. Rosenthal (“Father”), regarding the parties’ adopted daughter (“Child”). We affirm.

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IN RE: D.M., A MINOR APPEAL OF: S.M., NATURAL MOTHER

IN RE: D.M., A MINOR APPEAL OF: S.M., NATURAL MOTHER No. 584 WDA 2009 2010 PA Super 86 Atlantic: n/a Filed: 5/14/2010
	Appeal from the Order, March 5, 2009, in the Court of Common Pleas of Allegheny County Juvenile Division at No. JV-08-1251
Before: FORD ELLIOTT, P.J., SHOGAN, J. AND McEWEN, P.J.E.
Opinion by: FORD ELLIOT, P.J.
On March 5, 2009, the Court of Common Pleas of Allegheny County denied appellant, S.M., standing in a dependency disposition hearing at which a minor male child, D.M. (“Child”), was adjudicated dependent pursuant to 42 Pa.C.S.A. § 6302. Also as a part of the dispositional order, the judge ordered S.M. to comply with the Allegheny County Office of Children Youth and Families (“CYF”), obtain a drug and alcohol evaluation, and provide clean and random urine screens. S.M.’s supervised visits with Child were to remain status quo. Herein, S.M. timely appeals, asserting that, although her parental rights were previously terminated with regard to Child, she should have standing in this dependency matter as she is Child’s natural mother, Child was placed in her care and control after the termination of her parental rights, and the trial court’s order on appeal exercised control over her. Following careful review, we affirm.

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YVONNE CATROPPA v. AMANDA CARLTON

YVONNE CATROPPA v. AMANDA CARLTON No. 404 WDA 2009 2010 PA Super 85 Atlantic: n/a Filed: 5/14/2010
	Appeal from the Judgment February 23, 2009 In the Court of Common Pleas of Beaver County Civil Division at No. 11380 of 2006
Before: BENDER, PANELLA and OTT, JJ.
Opinion by: BENDER, J.
Amanda Carlton (Appellant) appeals from judgment entered in favor of Yvonne Catroppa (Appellee) following the trial court’s grant of Appellee’s motion for summary judgment in her personal injury action against Appellant arising from a car accident involving the parties. Appellant claims that the trial court erred in determining that Appellee was entitled to summary judgment on the basis that Appellant was collaterally estopped from disputing the amount of Appellee’s damages, which had been established at a prior arbitration proceeding. For the reasons that follow, we reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA vs. FLOYD JOSEPH MONACO

COMMONWEALTH OF PENNSYLVANIA vs. FLOYD JOSEPH MONACO No. 256 WDA 2009 2010 PA Super 84 Atlantic: n/a Filed: 5/12/2010
	Appeal from the PCRA Order January 23, 2009 In the Court of Common Pleas of Lawrence County Criminal, No. CP-37-CR-0000348-1979
Before: GANTMAN, KELLY, AND POPOVICH, JJ
Opinion by: GANTMAN, J.
Appellant, Floyd Joseph Monaco, appeals from the order entered in the Lawrence County Court of Common Pleas, which denied and dismissed his serial petition brought pursuant to the Post Conviction Relief Act (“PCRA”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JOHN M. MARCONI

COMMONWEALTH OF PENNSYLVANIA v. JOHN M. MARCONI No. 860 WDA 2009 2010 PA Super 83 Atlantic: n/a Filed: 5/11/2010
	Appeal from the Order Dated April 24, 2009 In the Court of Common Pleas of Forest County Criminal Division at No. CP-27-CR-0000095-2007
Before: BENDER, BOWES and COLVILLE*, JJ.
Opinion by: BENDER, J.
The Commonwealth appeals from the trial court’s order dated April 24, 2009, granting John M. Marconi’s motion to suppress the physical evidence obtained after his car was stopped at a sobriety checkpoint. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. CRYSTAL ANN CATT

COMMONWEALTH OF PENNSYLVANIA v. CRYSTAL ANN CATT No. 185 MDA 2009 2010 PA Super 82 Atlantic: n/a Filed: 5/10/2010
	Appeal from the Judgment of Sentence December 30, 2008 In the Court of Common Pleas of York County Criminal, No. CP-67-CR-0005274-2008
Before: FORD ELLIOTT, P.J., STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS, AND MUNDY, JJ.
Opinion by: GANTMAN, J.
Appellant, Crystal Ann Catt, appeals from the judgment of sentence entered in the York County Court of Common Pleas following a guilty plea to one count of driving under the influence (“DUI”), arising from an offense committed on December 21, 2007, and a stipulated trial conviction on one count of DUI and one count of possession of drug paraphernalia, arising from offenses committed on April 12, 2008. Appellant asks us to decide whether the court erred when it sentenced her as a second-time offender for the April 2008 DUI. Pursuant to Commonwealth v. Haag, ___ Pa. ___, 981 A.2d 902 (2009), we hold the court erred when it sentenced Appellant as a recidivist for her April 2008 DUI; the court should have considered the DUI of December 21, 2007 and the DUI of April 12, 2008 as first offenses in accordance with 75 Pa.C.S.A. § 3806(b) and sentenced Appellant as a first-time offender on both convictions. Accordingly, we affirm Appellant’s convictions but vacate the judgment of sentence and remand for re-sentencing.

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COMMONWEALTH OF PENNSYLVANIA v. FREDERICK HANSLEY

COMMONWEALTH OF PENNSYLVANIA v. FREDERICK HANSLEY No. 845 MDA 2009 2010 PA Super 81 Atlantic: n/a Filed: 5/5/2010
	Appeal from the Judgments of Sentence Entered April 29, 2009 In the Court of Common Pleas of Lebanon County Criminal Division at Nos.: CP-38-CR-0001808-2008 CP-38-CR-0001809-2008
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
In this appeal we consider whether a trial court is authorized by law to impose a conditional minimum sentence (RRRI minimum) pursuant to the Recidivism Risk Reduction Incentive Act, 61 Pa.C.S. § 4501 – 4512 (RRRIA), upon a defendant convicted of Possession With Intent to Deliver, 35 P.S. § 780-113(A)(30) (PWID), and sentenced to mandatory minimum terms of incarceration pursuant to 18 Pa.C.S. §§ 6317 and 7508. We conclude that the court is so empowered by the RRRIA and must specify an RRRI minimum sentence upon determination that the defendant is statutorily eligible pursuant to 61 Pa.C.S. § 4503. In addition, we hold that a defendant who meets all other criteria for eligibility under the RRRIA is not rendered ineligible by the imposition of a mandatory minimum sentence under 18 Pa.C.S. § 7508 unless that sentence was imposed under subsections (a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii), or 8(iii). See 61 Pa.C.S. § 4503(1)-(6) (disqualifying certain offenders from eligibility). Because the judgment of sentence imposed by the trial court is consistent with this holding, we affirm.

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SHERRI L. MULL AND GARY C. MULL, JR. v. C.S. ICKES, JR. AND ICKES INSURANCE AGENCY, INC. t/d/b/a ICKES INSURANCE AGENCY

SHERRI L. MULL AND GARY C. MULL, JR. v. C.S. ICKES, JR. AND ICKES INSURANCE AGENCY, INC. t/d/b/a ICKES INSURANCE AGENCY No. 1472 WDA 2009 2010 PA Super 80 Atlantic: n/a Filed: 5/4/2010
	Appeal from the Order Entered August 12, 2009, In the Court of Common Pleas of Somerset County Civil Division at No(s): 1206 Civil 2007
Before: MUSMANNO, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
This matter is before the court on Sherri L. Mull’s and Gary C. Mull, Jr.’s appeal from the trial court’s order of August 12, 2009, which granted Appellees’ motion for summary judgment. For the reasons set forth herein, we reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. ANDRE HALL

COMMONWEALTH OF PENNSYLVANIA v. ANDRE HALL No. 210 EDA 2008 2010 PA Super 79 Atlantic: n/a Filed: 5/4/2010
	Appeal from the Judgment of Sentence Entered August 6, 2007, Court of Common Pleas, Philadelphia County,Criminal Division, at Nos. CP-51-CR-0300801-2005 and CP-51-CR-0400131-2005.
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: SHOGAN, J.
Dissenting Opinion by: ALLEN, J.
Appellant, Andre Hall, appeals from the judgment of sentence entered on August 6, 2007, in the Philadelphia County Court of Common Pleas. The judgment of sentence included a term of imprisonment followed by probation for his conviction of voluntary manslaughter. As a condition of probation, the sentencing court directed Appellant to pay child support to the decedent’s two young children. Appellant appeals this condition. Because we hold that the portion of the sentence that required Appellant to pay child support for the decedent’s children was an illegal sentence, we vacate the judgment of sentence and remand for re-sentencing.

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