BOBBI J. BALICKI v. JEFFREY B. BALICKI

BOBBI J. BALICKI v. JEFFREY B. BALICKI No. 1148 , 1559 WDA 2009 and 69 WDA 2010 2010 PA Super 134 Atlantic: n/a Filed: 7/30/2010
	Appeals from the Decree entered August 17, 2009, in the Court of Common Pleas of Allegheny County, Family, at No. FD05-03297-001.
Before: ALLEN, COLVILLE and CLELAND, JJ.
Opinion by: ALLEN, J.
In these consolidated cross-appeals, Jeffrey B. Balicki (“Husband”) and Bobbi Balicki (“Wife”) challenge the trial court’s award of alimony to Wife and its equitable distribution of the marital estate in the divorce proceedings between the parties. We affirm.

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BOBBI J. BALICKI v. JEFFREY B. BALICKI

BOBBI J. BALICKI v. JEFFREY B. BALICKI No. 1148 , 1559 WDA 2009 and 69 WDA 2010 2010 PA Super 134 Atlantic: n/a Filed: 7/30/2010
	Appeals from the Decree entered August 17, 2009, in the Court of Common Pleas of Allegheny County, Family, at No. FD05-03297-001.
Before: ALLEN, COLVILLE and CLELAND, JJ.
Opinion by: ALLEN, J.
In these consolidated cross-appeals, Jeffrey B. Balicki (“Husband”) and Bobbi Balicki (“Wife”) challenge the trial court’s award of alimony to Wife and its equitable distribution of the marital estate in the divorce proceedings between the parties. We affirm.

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SUSAN SMEDLEY v. LYNN M. LOWMAN

SUSAN SMEDLEY v. LYNN M. LOWMAN No. 1620 MDA 2009 2010 PA Super 136 Atlantic: n/a Filed: 7/30/2010
	Appeal from the Order entered August 18, 2009 In the Court of Common Pleas of Franklin County Domestic Relations No. 2005-00566
Before: STEVENS, DONOHUE and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Lynn M. Lowman, appeals from the order entered August 18, 2009 in the Court of Common Pleas of Franklin County denying his request for relief. We hold that the trial court did not abuse its discretion by assigning Appellant an earning capacity greater than his pension for child support purposes, where he voluntarily retired two years after accumulating his fully vested pension benefits in good health at age fifty-two. We affirm.

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LAMONT DIXON v. GEICO

LAMONT DIXON v. GEICO No. 3127 EDA 2009 2010 PA Super 133 Atlantic: n/a Filed: 7/29/2010
	Appeal from the Order September 28, 2009 In the Court of Common Pleas of Philadelphia County Civil No. December Term 2008, No. 003529
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Concurring Opinion by: OTT, J.
Appellant, Lamont Dixon, appeals from the order granting summary judgment in favor of Appellee, GEICO, on his claim for underinsured motorist (UIM) benefits. The trial court concluded that the facts were not in dispute, and the issue of coverage could be decided as a matter of law. We vacate and remand.

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NANCY COCHRAN v. WYETH, INC

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NANCY COCHRAN v. WYETH, INC No. 2838 EDA 2008 2010 PA Super 131 Atlantic: n/a Filed: 7/27/2010
	Appeal from the Order entered September 4, 2008, Court of Common Pleas, Philadelphia County, Civil, at No. 000275, August Term 2004
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
In this failure to warn case, we are asked to decide whether a plaintiff can prove proximate causation where a drug manufacturer’s warning disclosed a risk of injury, the plaintiff sustained that very injury, but the manufacturer failed to disclose another risk of injury which the plaintiff did not sustain. We hold that in these circumstances, a plaintiff cannot prove proximate causation because the non-disclosed risk did not materialize in physical injury.

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NORMAN L. KRAPF, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF IRENE E. KRAPF, DECEASED v. ST. LUKE’S HOSPITAL AND ST. LUKE’S HOSPITAL AND HEALTH NET

NORMAN L. KRAPF, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF IRENE E. KRAPF, DECEASED v. ST. LUKE’S HOSPITAL AND ST. LUKE’S HOSPITAL AND HEALTH NETWORK AND CHARLES CULLEN No. 2958, 2959, 2960, 2961 2962 EDA 2009 2010 PA Super 132 Atlantic: n/a Filed: 7/27/2010
	Appeal from the Order June 30, 2009 in the Court of Common Pleas of Lehigh County Civil Division at No(s): No. 2005-C-2367V
Before: GANTMAN, SHOGAN, and MUNDY, JJ.
Opinion by: MUNDY, J.
Appellant, St. Luke’s Hospital and St. Luke’s Hospital and Health Network (hereinafter referred to collectively as St. Luke’s), appeals from the order entered on June 30, 2009 denying its motion for summary judgment. Appellees represent the estates of five separate decedents in wrongful death and survival actions filed against St. Luke’s pursuant to 42 Pa.C.S.A. §§ 8301 and 8302. Those Appellees include Norman L. Krapf, executor of the estate of Irene E. Krapf, Alverta M. Spangler, executrix of the estate of Samuel S. Spangler, Monica L. Galgon, executrix of the estate of Paul F. Galgon, You Young Park, administratrix of the estate of William M. Park, and Ruthanne M. Svetecz, executrix of the estate of Audrey George, who was the executrix of the estate of Daniel W. George. Appellees’ decedents were patients at St. Luke’s while Charles Cullen was employed as a nurse by the hospital in its coronary care unit. After careful review, we affirm the trial court’s denial of summary judgment in favor of St. Luke’s.

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PENN-AMERICA INSURANCE COMPANY v. PECCADILLOS, INC.; DAVID M. FREEMAN; LORETTA J. SWARTWOOD, ADMINISTRATRIX OF THE ESTATE OF HEIDI MARIE BRITTON SPICE

PENN-AMERICA INSURANCE COMPANY v. PECCADILLOS, INC.; DAVID M. FREEMAN; LORETTA J. SWARTWOOD, ADMINISTRATRIX OF THE ESTATE OF HEIDI MARIE BRITTON SPICER; MICHAEL J. WRIGHT, PARENT AND NATURAL GUARDIAN OF HALEY MORGAN WRIGHT, A MINOR; TERRY I. SOLIWODA, GRANDPARENT AND NATURAL GUARDIAN OF MADISON PAIGE WANDER, A MINOR; JAMES R. WATSON, ADMINISTRATOR OF THE ESTATE OF MEGAN ANN WATSON; PHILLIP L. CLARK, JR., ADMINISTRATOR OF THE ESTATE OF JACOB CHARLES LATTA No. 914 WDA 2009 2010 PA Super 130 Atlantic: n/a Petition for Reargument Filed 8/6/2010 Filed: 7/22/2010
	Appeal from the Order of May 8, 2009, in the Court of Common Pleas of Erie County, Civil Division at No. 12571-08
Before: BENDER, BOWES and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Dissenting Opinion Opinion by: BOWES, J.
This is an appeal from an order which declared the rights of the parties. We affirm.

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VICTOR M. SACKETT AND DIANA L. v. NATIONWIDE MUTUAL INSURANCE, COMPANY

VICTOR M. SACKETT AND DIANA L. v. NATIONWIDE MUTUAL INSURANCE, COMPANY No. 943 WDA 2009 2010 PA Super 129 Atlantic: n/a Petition for Reargument Filed 8/2/2010 Filed: 7/21/2010
	Appeal from the Judgment entered May 19, 2009, Court of Common Pleas, Westmorland County, Civil, at No. 5057 of 2002
Before: ALLEN, COLVILLE,* and CLELAND,* JJ.
Opinion by: ALLEN, J.
In this automobile insurance contract dispute, Nationwide Mutual Insurance Company (“Appellant”) appeals from the trial court’s grant of declaratory relief in favor of Victor M. Sackett and Diana L. Sackett (the “Sacketts”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MASTROMARINO

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MASTROMARINO No. 3443 EDA 2008 2010 PA Super 128 Atlantic: n/a Filed: 7/21/2010
	Appeal from the Judgment of Sentence October 22, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0012750-2007
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant Michael Mastromarino’s guilty plea to numerous charges in connection with his participation in the sale of human body parts from 244 corpses. On appeal, Mastromarino presents challenges to the discretionary aspects of his sentence. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. HARRY A. ANTHONY, SR.

COMMONWEALTH OF PENNSYLVANIA v. HARRY A. ANTHONY, SR. No. 1544 WDA 2008 2010 PA Super 127 Atlantic: n/a Filed: 7/19/2010
	Appeal from the Judgment of Sentence entered September 2, 2008 In the Court of Common Pleas of Armstrong County Criminal Division at No. CP-03-CR-0000221-2007
Before: MUSMANNO, BENDER and BOWES, JJ.
Opinion by: BENDER, J.
Harry A. Anthony, Sr., appeals the judgment of sentence entered following his conviction of Driving Under Influence of Alcohol or Controlled Substance and Violation of Vehicle Equipment Standards, 75 Pa.C.S. §§ 3802(d)(1)(i), (iii), (d)(2), 4107(b)(2) (respectively). Anthony contends that the trial court erred in denying his motion to suppress evidence of his use of a controlled substance on the basis that the arresting officer lacked reasonable suspicion to conduct a stop. Anthony also contends that the evidence was not sufficient to sustain his conviction under section 3802(d)(2) which prohibits driving while under the influence of a controlled substance to a degree that impairs an individual’s ability to drive safely. For the reasons that follow, we conclude that the initial stop was unlawful, requiring exclusion of all evidence seized pursuant thereto. Accordingly, we reverse the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL

COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL No. 1268 MDA 2009 2010 PA Super 125 Atlantic: n/a Filed: 7/16/2010
	Appeal from the Order Dated June 30, 2009 In the Court of Common Pleas of York County Criminal Division at Nos. CP-67-CR-0001881-2001
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
James Waughtel (Appellant) appeals from the order, dated June 30, 2009, denying his request to expunge charges from his record. Appellant claims that the balancing test set forth in Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981), applies to the circumstances here and that because the Commonwealth failed to present any justification for retaining Appellant’s record, the trial court erred in denying his expungement petition. For the reasons stated below, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WILLIAM THOMPSON

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM THOMPSON No. 1654 EDA 2009 2010 PA Super 126 Atlantic: n/a Filed: 7/16/2010
	Appeal from the Order entered May 29, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at No. MC-51-CR-0015272-2008
Before: OTT, J., McEWEN, P.J.E., AND CLELAND, J.
Opinion by: CLELAND, J.
Appellant, William Thompson (Thompson), appeals the order of the Court of Common Pleas of Philadelphia County entered on May 29, 2009 denying Thompson’s Writ of Certiorari wherein he argued the Municipal Court of Philadelphia erred in failing to suppress evidence against him. Specifically, Thompson argues the police did not have the authority to conduct an inventory search of an immobilized vehicle. We disagree and affirm.

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RICHARD SCAMPONE, EXECUTOR OF ESTATE OF MADELINE SCAMPONE v. GRANE HEALTHCARE COMPANY, GRANE ASSOCIATES, L.P., HIGHLAND PARK CARE CENTER, LLC, D/B/A

RICHARD SCAMPONE, EXECUTOR OF ESTATE OF MADELINE SCAMPONE v. GRANE HEALTHCARE COMPANY, GRANE ASSOCIATES, L.P., HIGHLAND PARK CARE CENTER, LLC, D/B/A HIGHLAND PARK CARE CENTER, TREBRO INC. APPEAL OF: HIGHLAND PARK CARE CENTER, LLC, D/B/A HIGHLAND PARK : CARE CENTER, AND GRANE HEALTHCARE : COMPANY, No. 2180 WDA 2007 2010 PA Super 124 Atlantic: n/a Filed: 7/15/2010
	Appeal from the Judgment Entered November 8, 2007, in the Court of Common Pleas of Allegheny County, Civil Division, at No. G.D. No. 2005-24806.
Before: BOWES, DONOHUE and POPOVICH, JJ.
Opinion by: BOWES, J.
This is an appeal and cross appeal from judgment entered on a $193,500 jury verdict rendered in favor of the plaintiff, Richard Scampone in his capacity as executor of the estate of Madeline Scampone (“Plaintiff”), in this action involving nursing home liability. We find that the evidence was sufficient to support a cause of action for corporate liability and that such liability can be imposed upon a nursing home. We also conclude that the trial court improperly granted nonsuit in favor of Grane Healthcare Company during the course of trial and that there was sufficient evidence of misconduct in this case to warrant submission of the issue of punitive damages to the jury. We reverse and remand for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER

COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER No. 1016 EDA 2007 2010 PA Super 122 Atlantic: n/a Filed: 7/14/2010
	Appeal from the Judgment of Sentence October 23, 2006 In the Court of Common Pleas of Carbon County Criminal at No(s): CP-13-CR-0000267-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Concurring Opinion by: CLELAND, J.
Judgment of Sentence Affirmed.

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IN RE: ESTATE OF CLARENCE A. WARDEN, DECEASED APPEAL OF: CHARLES LEMENESTREL & GENEVIEVE LEMENESTREL-MANAS

IN RE: ESTATE OF CLARENCE A. WARDEN, DECEASED APPEAL OF: CHARLES LEMENESTREL & GENEVIEVE LEMENESTREL-MANAS No. 1231 EDA 2009 2010 PA Super 121 Atlantic: n/a Filed: 7/9/2010
	Appeal from the Order entered March 16, 2009 In the Court of Common Pleas of Delaware County Orphan’s No.: 405 of 1958
Before: BOWES, OTT, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellants, Charles LeMenestrel and Genevieve LeMenestrel-Manas (“Appellants”), appeal from the order entered in the Court of Common Pleas of Delaware County, which overruled their objections to the accounting and denied their claim for imposition of a surcharge on the Trustees, William G. Warden III (“Warden III”) and Wachovia Bank, N.A. (“Wachovia”) (collectively, “Trustees”). We hold that under these facts, Trustees acted in good faith and did not engage in intentionally dishonest behavior. Finally, we hold that under the facts of this case, acquiescence and laches bars Appellants’ claims. Accordingly, we affirm.

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J.M.R. v. J.M.

J.M.R. v. J.M. No. 1745 MDA 2009 2010 PA Super 120 Atlantic: n/a Filed: 7/9/2010
	Appeal from the Order Entered September 8, 2009 In the Court of Common Pleas of York County Civil Division at No. 2009-FC-473-03
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
J.M. (“Father”) appeals from the trial court’s order entered September 8, 2009, granting J.M.R. (“Mother”) primary physical custody of the parties’ minor child, R.A.M. (d.o.b. 8/4/04) (“Child”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WILLARD OAKLEY MOSER

COMMONWEALTH OF PENNSYLVANIA v. WILLARD OAKLEY MOSER No. 1493 MDA 2009 2010 PA Super 123 Atlantic: n/a Filed: 7/8/2010
	Appeal from the Order Entered August 18, 2009, in the Court of Common Pleas of York County, Criminal Division, at No: CR-0000255-08, CP-67-CR-0006936-2008
Before: BOWES, J., McEWEN, P.J.E., and CLELAND,* J.
Opinion by: BOWES, J.
The Commonwealth appeals from the August 18, 2009 order of court in which the trial court denied the Commonwealth’s motion in limine to admit into evidence Appellee’s prior nolo contendere plea to indecent assault to prove absence of mistake or accident. We affirm.

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IN THE INTEREST OF: T.B., APPEAL OF: T.B.

IN THE INTEREST OF: T.B., APPEAL OF: T.B., No. 175 EDA 2008 2010 PA Super 118 Atlantic: n/a Petition for Reargument Filed 7/22/2010 Filed: 7/8/2010
	Appeal from the Dispositional Order of June 12, 2008, in the Court of Common Pleas of Philadelphia County, Family Court Division, at No. 651-08-02, 649-08-02, Petition # 270-08-03, 653-08-02, 645-08-02.
Before: BOWES, OLSON, and FREEDBERG,* JJ.
Opinion by: BOWES, J.
This is an appeal from the dispositional order of the Court of Common Pleas of Philadelphia County entered following Appellant’s adjudication of delinquency based on his commission of acts constituting four incidents each of burglary, conspiracy, possession of an instrument of crime (“PIC”), and one instance of receiving stolen property (“RSP”). We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. GLENN KING

COMMONWEALTH OF PENNSYLVANIA v. GLENN KING No. 536 WDA 2009 2010 PA Super 119 Atlantic: n/a Filed: 7/6/2010
	Appeal from the PCRA Order February 17, 2009 In the Court of Common Pleas of Allegheny County Criminal Division at No. CP-02-CR-0018137-2002
Before: BENDER, GANTMAN and FREEDBERG*, JJ.
Opinion by: BENDER, J.
Appellant, Glenn King, appeals pro se from the February 17, 2009, order dismissing his first petition for relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We vacate and remand for further proceedings.

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