COMMONWEALTH OF PENNSYLVANIA v. DANTE ROBINSON

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COMMONWEALTH OF PENNSYLVANIA v. DANTE ROBINSON No. 452 EDA 2009 2010 PA Super 159 Atlantic: n/a Filed: 8/31/2010
	Appeal from the Judgment of Sentence, January 15, 2009, in the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0009722-2007
Before: FORD ELLIOTT, P.J., GANTMAN AND POPOVICH, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from a judgment of sentence imposed upon appellant, Dante Robinson, after he was convicted in a jury trial of attempted murder, aggravated assault, robbery, criminal conspiracy, carrying a firearm on the street in Philadelphia, and possessing an instrument of crime (“PIC”). We affirm.

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ELIZABETH AND JOE COLEMAN, W/H (at 2678) PATRICIA MEDWID AND RICHARD MEDWID(at 3026),MARY WEINBERGER (at 3089), JUDY A. REED AND GERALD W. REED

ELIZABETH AND JOE COLEMAN, W/H (at 2678) PATRICIA MEDWID AND RICHARD MEDWID(at 3026),MARY WEINBERGER (at 3089), JUDY A. REED AND GERALD W. REED, H/W (at 3090), KATHLEEN TAW STEPHENSON AND MICHAEL R. TAW(at 3091),DIANE MORALES(at 3092), VICKI LENZI AND RONALD J. LENZI(at 3093), ZANDA SCHIRN AND ROBERT W. SCHIRN, H/W(at 3094), PEGGY FLEMING-CRAIN(at 3095), NANCY AND RICHARD HONAKER, H/W(at 3096), VIRGINIA HANSEN(at 3097), HAZEL BLAYLOCK(at 3098), GRACIANA MANALO AND FELIPE MANALO(at 583) and CAROL J. HESS(at 584) v. WYETH PHARMACEUTICALS, INC.ET AL. No. 3026, 3089 thru 3098 EDA 2007, 583 & 594 EDA 2008 2010 PA Super 158 Atlantic: n/a Filed: 8/30/2010
	Appeal from the Order Entered September 24, 2007, October 3, 12, and 18, 2007, January 4 and 8, 2008 in the Court of Common Pleas of Philadelphia County, Civil Division, at June Term, 2004 Nos. 3179, 004255, 003605, 003525, 003428, 004226, 004343, 003466, 003474, 003721, 004503, 003973 and July Term, 2004 Nos. 00497and 000641 Appeal from the Orders Entered January 4, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at June Term, 2004 No. 004503
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Elizabeth Coleman and her husband, Patricia Medwid and her husband, Mary Weinberger, Judy A. Reed and her husband, Kathleen Taw Stephenson and her husband, Diane Morales, Vicki Lenzi and her husband, Zanda Schirn and her husband, Peggy Fleming-Crain, Nancy Honaker and her husband, Virginia Hansen, Hazel Blaylock, Graciana Manalo and her husband, and Carol J. Hess (collectively referred to as Appellants herein) appeal from the various orders granting summary judgment in favor of Wyeth Pharmaceuticals, Inc. and the other Wyeth parties, and in some cases Pharmacia & Upjohn (hereinafter collectively referred to as Appellees). The appeals have been consolidated for purposes of our review. After careful consideration, we reverse the trial court’s orders granting summary judgment.

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COMMONWEALTH OF PENNSYLVANIA v. JEFFREY WATSON

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY WATSON No. 2859 EDA 2009 2010 PA Super 157 Atlantic: n/a Filed: 8/26/2010
	Appeal from the PCRA Order September 3, 2009, In the Court of Common Pleas of Philadelphia County, Criminal Division at No(s): 08504127011 CP-51-CR-0439251-1985
Before: STEVENS, OTT and KELLY, JJ.
Opinion by: OTT, J.
Jeffrey Watson appeals pro se from the denial of his third petition pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm.

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TELECOMMUNICATIONS NETWORK DESIGN AND PARADISE DISTRIBUTING, INC. v. THE BRETHREN MUTUAL INSURANCE COMPANY

TELECOMMUNICATIONS NETWORK DESIGN AND PARADISE DISTRIBUTING, INC. v. THE BRETHREN MUTUAL INSURANCE COMPANY No. 1307 EDA 2009 2010 PA Super 155 Atlantic: n/a Filed: 8/23/2010
	Appeal from the Order of May 10, 2007, In the Court of Common Pleas of Philadelphia County Civil Division at No(s): January Term, 2006, No. 03503
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Dissenting Opinion by: ALLEN, J.
Appellants, Telecommunication Network Design (“TND”) and Paradise Distributing, Inc. (“Paradise”), appeal from the May 10, 2007 Order of the Court of Common Pleas of Philadelphia County which, in this declaratory judgment action, held that Appellee Brethren Mutual Insurance Company (“Brethren”) had no duty to defend Paradise under certain provisions of two insurance policies. For the reasons discussed below, we affirm.

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IN THE INTEREST OF J.M., A MINOR

IN THE INTEREST OF J.M., A MINOR No. 2072 MDA 2009 2010 PA Super 156 Atlantic: n/a Filed: 8/23/2010
	Appeal from the Order Entered November 10, 2009 In the Court of Common Pleas of Lebanon County Juvenile Division at No. CP-38-JV-0000262-2003
Before: BENDER, SHOGAN and CLELAND, JJ.
Opinion by: BENDER, J.
Appellant, J.M., appeals from the order renewing his involuntary commitment for inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6404. J.M. contends that the evidence was insufficient to support his recommitment and that a plan for his discharge was not formulated in accordance with section 6406(c). We affirm.

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JEFFREY SMITH AND SUSAN SMITH, HIS WIFE v. YAMAHA MOTOR CORPORATION, U.S.A., A CALIFORNIA CORPORATION, YAMAHA INTERNATIONAL CORPORATION, A CALIFORNIA

JEFFREY SMITH AND SUSAN SMITH, HIS WIFE v. YAMAHA MOTOR CORPORATION, U.S.A., A CALIFORNIA CORPORATION, YAMAHA INTERNATIONAL CORPORATION, A CALIFORNIA CORPORATION, AND YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA, A GEORGIA CORPORATION No. 1313 WDA 2008 2010 PA Super 154 Atlantic: n/a Filed: 8/18/2010
	Appeal from the Order Entered July 21, 2008, in the Court of Common Pleas of Armstrong County, Civil Division, at No. 2001-0669
Before: BENDER, BOWES AND CLELAND*, JJ
Opinion by: BOWES, J.
Jeffrey and Susan Smith appeal from the July 21, 2008 order granting summary judgment in favor of Yamaha Motor Corporation, U.S.A., Yamaha International Corporation, and Yamaha Motor Manufacturing Corporation of America (collectively “Yamaha”). After careful review, we reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT

COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT No. 170 WDA 2008 2010 PA Super 153 Atlantic: n/a Filed: 8/17/2010
	Appeal from the Judgment of Sentence of December 20, 2007, in the Court of Common Pleas of Allegheny County, Criminal Division, at No: CP-02-CR-0000254-2006
Before: BOWES, GANTMAN, and PANELLA, JJ.
Opinion by: BOWES, J.
Leslie Denier Mollett appeals from the judgment of sentence of life imprisonment and a consecutive term of incarceration of thirteen to twenty-six years imposed after a jury convicted him of first degree murder, carrying a firearm without a license, disarming a law enforcement officer, fleeing or attempting to elude a police officer, resisting arrest, and persons not to possess a firearm. After careful review, we affirm.

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IN THE MATTER OF: J.C., A MINOR APPEAL OF P.B., LEGAL GUARDIAN

IN THE MATTER OF: J.C., A MINOR APPEAL OF P.B., LEGAL GUARDIAN No. 2305 EDA 2009 2010 PA Super 150 Atlantic: n/a Filed: 8/16/2010
	Appeal from the Order entered August 13, 2009, Court of Common Pleas, Philadelphia County, Family Court at No. DP#2869-09-08, J#386995-06
Before: DONOHUE, SHOGAN and LAZARUS, JJ.
Opinion by: DONOHUE, J.
P.B., Maternal Grandmother (“Grandmother”), appeals from the trial court’s order entered on August 13, 2009, denying Grandmother’s motion to dismiss the Philadelphia Department of Human Services’ (“DHS’s”) dependency petition and adjudicating J.C., age 11 (“Child”), dependent. The order also committed Child to DHS, ordered that visits with C.B. (“Mother”) and Grandmother be supervised, and ordered Mother to have a drug screen at the Clinical Evaluation Unit (“CEU”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. FRED CHARLES MORAN

COMMONWEALTH OF PENNSYLVANIA v. FRED CHARLES MORAN No. 2281 EDA 2008 2010 PA Super 152 Atlantic: n/a Filed: 8/16/2010
	Appeal from the Judgment of Sentence entered March 17, 2008 In the Court of Common Pleas of Delaware County Criminal Division at No. CP-23-CR-0004579-2007
Before: BENDER, OTT and KELLY, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: KELLY, J.
Fred Charles Moran appeals the judgment of sentence imposed following his conviction of Bribery in Official and Political Matters, 18 Pa.C.S. § 4701. Moran contends that the evidence adduced was not legally sufficient to establish that he acted with criminal intent and/or to gain an unlawful benefit as required by the statute. In addition, he contends that the trial court abused its discretion in denying counsel’s requests to instruct the jury on culpability in conformity with 18 Pa.C.S. § 302. Upon review, we find the evidence more than ample to sustain Moran’s conviction. Moreover, in view of the measure of intent inherent in the language of the bribery statute and the overwhelming nature of the evidence of intent in this case, we find no abuse of discretion in the trial court’s refusal to instruct the jury in conformity with 18 Pa.C.S. § 302.

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GORDON G. BELL v. WILLIAM A. DEAN, III

GORDON G. BELL v. WILLIAM A. DEAN, III No. 1741 MDA 2009 2010 PA Super 151 Atlantic: n/a Filed: 8/16/2010
	Appeal from the Order entered September 22, 2009 In the Court of Common Pleas of York County, Civil Division, No. 2007-SU-4757-Y01
Before: MUSMANNO, LAZARUS, and OLSON, JJ.
Opinion by: LAZARUS, J.
Gordon Bell appeals from the order entered in the Court of Common Pleas of York County granting summary judgment in his negligence action against defendant, William Dean, III. After careful review, we conclude that the Pennsylvania Skier’s Responsibility Act (“the Act”) bars Bell’s recovery for damages for injuries sustained when Dean collided with him while the two skied and snowboarded at a recreational ski area. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MOLINA

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MOLINA No. 1948 WDA 2007 2010 PA Super 148 Atlantic: n/a Filed: 8/13/2010
	Appeal from the Judgment of Sentence March 15, 2007 In the Court of Common Pleas of Allegheny County Criminal Division at Nos. CP-02-CR-0007403-2004 and CP-02-CR-0009547-2004
Before: SHOGAN, COLVILLE* AND CLELAND*, JJ.
Opinion by: CLELAND, J.
Appellant, Michael Molina (Molina), appeals the judgment of sentence of the Court of Common Pleas of Allegheny County entered on March 15, 2007. The issue is whether the Commonwealth may urge the jury to use a non-testifying defendant’s pre-arrest silence as evidence of his guilt. We conclude it cannot. Accordingly, we reverse the judgment of sentence and remand for a new trial.

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AHMED TAGOUMA v. INVESTIGATIVE CONSULTANT SERVICES, INC., and MICHAEL S. ZEIGLER

AHMED TAGOUMA v. INVESTIGATIVE CONSULTANT SERVICES, INC., and MICHAEL S. ZEIGLER No. 987 MDA 2009 2010 PA Super 147 Atlantic: n/a Filed: 8/10/2010
	Appeal from the Order entered May 27, 2009, in the Court of Common Pleas of Dauphin County, Civil Division, at No. 2006-CV-1532.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Ahmed Tagouma, appeals from the order entered on May 27, 2009, granting summary judgment in favor of Appellees, Investigative Consultant Services, Inc. (“ICS”) and Michael S. Zeigler (“Zeigler”) and dismissing Appellant’s cause of action for intrusion upon seclusion and abuse of process. Upon careful consideration, we affirm.

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IN RE: ESTATE OF CHARLES F. CELLA, DECEASED APPEAL OF: AUDREY C. LOCKE

IN RE: ESTATE OF CHARLES F. CELLA, DECEASED APPEAL OF: AUDREY C. LOCKE No. 1479 WDA 2008 2010 PA Super 146 Atlantic: n/a Filed: 8/10/2010
	Appeal from the Order August 6, 2008 In the Court of Common Pleas of Allegheny County Orphans’ Court, No. 2317 of 2005
Before: GANTMAN, PANELLA, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Appellant, Audrey C. Locke, appeals from the order entered in the Allegheny County Court of Common Pleas, Orphans’ court, which directed the funds in three (3) joint bank accounts to be included in the estate of Charles F. Cella (“Decedent”) and distributed in accordance with his last will and testament. Appellant asks us to determine whether she is the owner of the subject accounts by means of her statutory right of survivorship pursuant to the Multiple Party Account Act at 20 Pa.C.S.A. §§ 6301-6306 (“MPAA”). For the following reasons, we hold the record does not support the court’s decision to override the MPAA, where Appellee, Reba Cella-Renk, failed to prove by clear and convincing evidence that Decedent had an intent contrary to Appellant’s right of survivorship when he created the joint accounts. Accordingly, we reverse and remand this case to the Orphans’ court for treatment of the accounts at issue consistent with this opinion.

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IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES

IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES No. 2716 EDA 2009 2010 PA Super 145 Atlantic: n/a Filed: 8/9/2010
	Appeal from the Order entered August 17, 2009 In the Court of Common Pleas of Chester County Civil Division at No(s): No. 08-06501
Before: SHOGAN, COLVILLE, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellant, ATL Ventures (“ATL”), as third party purchaser, appeals from the August 17, 2009 orders of the Court of Common Pleas of Chester County, which denied ATL’s amended petition to set aside the sheriff’s sale, and ATL’s motion for reconsideration. For the reasons discussed below, we affirm.

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ESB BANK v. JAMES E. MCDADE A/K/A JAMES E. MCDADE JR. AND JEANNE L. MCDADE APPEAL OF: JEANNE L. MCDADE

ESB BANK v. JAMES E. MCDADE A/K/A JAMES E. MCDADE JR. AND JEANNE L. MCDADE APPEAL OF: JEANNE L. MCDADE No. 1593 WDA 2009 2010 PA Super 144 Atlantic: n/a Filed: 8/6/2010
	Appeal from the Order Entered August 19, 2009, in the Court of Common Pleas of Washington County, Civil Division, at No 2005-9185.
Before: BENDER, BOWES, and COLVILLE, JJ.
Opinion by: BOWES, J.
Jeanne L. McDade (“Appellant”) appeals the order entered on August 19, 2009, wherein the trial court denied her petition to open and/or strike the confessed judgment entered against her and in favor of ESB Bank (“ESB”). We reverse

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MARK R. FOSTER, PH.D., M.D. v. UPMC SOUTH SIDE HOSPITAL

MARK R. FOSTER, PH.D., M.D. v. UPMC SOUTH SIDE HOSPITAL No. 1995 WDA 2008 2010 PA Super 143 Atlantic: n/a Filed: 8/6/2010
	Appeal from the Order Entered November 20, 2008, in the Court of Common Pleas of Allegheny County, Civil Division, at No. GD 06-5138.
Before: MUSMANNO, BENDER, and BOWES, JJ.
Opinion by: BOWES, J.
Dr. Mark R. Foster appeals from the November 20, 2008 order granting summary judgment to Appellee, UPMC South Side Hospital. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ANTHONY BERNARDLY JONES

COMMONWEALTH OF PENNSYLVANIA v. ANTHONY BERNARDLY JONES No. 1916 WDA 2009 2010 PA Super 140 Atlantic: n/a Filed: 8/4/2010
	Appeal from the PCRA Order July 24, 2009 In the Court of Common Pleas of Northampton County Criminal Division at Nos. CR-0000287-02 and CP-48-CR-0003796-2002
Before: OTT, J., McEWEN, P.J.E., AND CLELAND*, J.
Opinion by: CLELAND, J.
Appellant, Anthony Bernardly Jones (Jones), appeals the order of the Court of Common Pleas of Northampton County denying his petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-46 (PCRA). Jones argues the sentencing court erred in not merging two sentences imposed as result of two convictions for violating 18 Pa.C.S.A. § 6105. Because the doctrine of merger is not implicated here, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. DARRYL BURTON

COMMONWEALTH OF PENNSYLVANIA v. DARRYL BURTON No. 1536 EDA 2008 2010 PA Super 138 Atlantic: n/a Filed: 8/3/2010
	Appeal from the Judgment of Sentence May 22, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-0010214-2007
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: DONOHUE, J.
Darryl Burton appeals from the judgment of sentence of three to six years imprisonment followed by four years probation that was imposed after he was found guilty of aggravated assault, simple assault, and reckless endangerment at a nonjury trial. Appellant assails the sufficiency of the evidence supporting his conviction of aggravated assault. We affirm.

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PATSY LANCE, Administratrix for the Etate of CATHERINE RUTH LANCE v. WYETH, f/k/a, AMERICAN HOME PRODUCTS CORPORATION

PATSY LANCE, Administratrix for the Etate of CATHERINE RUTH LANCE v. WYETH, f/k/a, AMERICAN HOME PRODUCTS CORPORATION No. 2905 EDA 2008 2010 PA Super 137 Atlantic: n/a Filed: 8/2/2010
	Appeal from the Judgment entered September 19, 2008, Court of Common Pleas, Philadelphia County, Civil, at No. 926, November Term 2006
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Plaintiff, Patsy Lance (“Appellant”), Administratrix for the Estate of Catherine Ruth Lance (“Lance”), appeals from the trial court’s order granting summary judgment in favor of Wyeth, formerly known as American Home Products Corporation (“Wyeth”). We affirm in part and reverse in part.

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COMMONWEALTH OF PENNSYLVANIA v. KAARA TICKEL

COMMONWEALTH OF PENNSYLVANIA v. KAARA TICKEL No. 3476 EDA 2009 2010 PA Super 135 Atlantic: n/a Filed: 8/2/2010
	Appeal from the Judgment of Sentence October 28, 2009 In the Court of Common Pleas of Delaware Couny Criminal Division at No(s): CP-23-CR-0000369-2009
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Delaware County Court of Common Pleas after Appellant Kaara Tickel was convicted of driving under the influence of alcohol or a controlled substance, driving on roadways laned for traffic, a stop sign violation, and careless driving. Appellant claims the trial court erred in denying her motion to dismiss pursuant to Pa.R.Crim.P. 600. We affirm.

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