COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEPHEN KANE

COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEPHEN KANE No. 1833 MDA 2009 2010 PA Super 218 Atlantic: n/a Filed: 11/29/2010
	Appeal from the Judgment of Sentence of April 21, 2009, in the Court of Common Pleas of Lackawanna County, Criminal Division, at Nos. CR-0000157-08 P-35-CR-0002392-2008
Before: ALLEN, MUNDY and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from the judgment of sentence imposed following Appellant’s convictions of attempted burglary, attempted criminal trespass, terroristic threats, recklessly endangering another person and criminal mischief. Appellant raises multiple issues for our review.

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BERNADETTE E. SLUSSER and PNC BANK, NA, as Co-Executors of the ESTATE OF THOMAS A. SLUSSER, DECEASED, EARL R. SLUSSER, MATTHEW B. BAYZICK and THOMAS

BERNADETTE E. SLUSSER and PNC BANK, NA, as Co-Executors of the ESTATE OF THOMAS A. SLUSSER, DECEASED, EARL R. SLUSSER, MATTHEW B. BAYZICK and THOMAS J. SLUSSER v. LAPUTKA, BAYLESS, ECKER and COHN, P.C. and MARTIN D. COHN, ESQUIRE APPEAL OF: MARTIN D. COHN, ESQUIRE (at 1727) APPEAL OF: LAPUTKA, BAYLESS, ECKER & COHN, P.C.(at 1728) No. 1727 and 1728 MDA 2008 2010 PA Super 219 Atlantic: n/a Filed: 11/29/2010
	Appeal from the Judgment of August 29, 2008, in the Court of Common Pleas of Luzerne County, Civil Division, at No. 6741 C of 2000.
Before: ALLEN, MUNDY and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This matter presents the Court with consolidated appeals from a judgment entered against Appellants and in favor of Appellees. The parties also have filed a number of motions which we must resolve. We deny the parties’ motions, vacate the judgment and all of the orders entered by former Luzerne County Judge Mark A. Ciavarella (“Ciavarella”), and remand for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY

COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY No. 270 WDA 2010 2010 PA Super 217 Atlantic: n/a Filed: 11/29/2010
	Appeal from the Judgment of Sentence entered January 26, 2010 In the Court of Common Pleas of Westmoreland County Criminal No(s).: CP-65-CR-0000856-2009; CR-0000014-09
Before: BOWES, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Daniel Patrick Cauley, appeals from the judgment of sentence entered in the Westmoreland County Court of Common Pleas, following his conviction for driving under the influence, highest rate of alcohol. Appellant contends on appeal that the police did not have reasonable suspicion to conduct field sobriety tests. We hold that police officers may conduct sobriety tests after a citizen effectuates an encounter when the officer observes evidence of alcohol intoxication as a result of the encounter, and the officer observed the citizen driving a vehicle immediately prior to the encounter. Accordingly, we affirm.

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PNC BANK, NATIONAL ASSOCIATION v. BLUESTREAM TECHNOLOGY, INC.

PNC BANK, NATIONAL ASSOCIATION v. BLUESTREAM TECHNOLOGY, INC. No. 2862 EDA 2009 2010 PA Super 215 Atlantic: n/a Petition for Reargument Filed 12/7/2010 Filed: 11/23/2010
	Appeal from the Order Dated September 10, 2009, in the Court of Common Pleas of Bucks County, Civil Division, at No. 0905368-31-1.
Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E.
Opinion by: BOWES, J.
Bluestream Technology, Inc., appeals from the order entered on September 10, 2009, denying its petition to strike and/or open a confessed judgment and to dismiss or stay the proceedings. After careful review, we reverse and remand for proceedings consistent with this opinion.

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COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM

COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM No. 422 WDA 2010 2010 PA Super 216 Atlantic: n/a Filed: 11/23/2010
	Appeal from the Order Entered January 22, 2010, Court of Common Pleas, Beaver County, Criminal Division, at No. CP-04-CR-0001860-2007.
Before: PANELLA, SHOGAN and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellant, George M. Durham, appeals from the order denying his pro se motion for return of property. We affirm.

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IN RE YORK COUNTY DISTRICT ATTORNEY’S OFFICE APPEAL OF: YORK COUNTY DISTRICT ATTORNEY’S OFFICE

IN RE YORK COUNTY DISTRICT ATTORNEY’S OFFICE APPEAL OF: YORK COUNTY DISTRICT ATTORNEY’S OFFICE No. 1717 MDA 2009 2010 PA Super 214 Atlantic: n/a Filed: 11/19/2010
	Appeal from the Judgment of Sentence August 4, 2009, In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-MD00001461-2009
Before: BENDER, GANTMAN, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
The York County District Attorney’s Office (“Commonwealth”) appeals from the Order entered August 4, 2009, finding that it committed contempt and imposing a $5,000.00 sanction. For the reasons discussed below, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT MAZZETTI

COMMONWEALTH OF PENNSYLVANIA v. ROBERT MAZZETTI No. 1303 MDA 2009 2010 PA Super 211 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Order entered on July 7, 2009 in the Court of Common Pleas of Centre County, Criminal Division, No. CP-14-CR-0001940-2008
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: MUSMANNO, J.
The Commonwealth of Pennsylvania appeals from the Order revoking the probation of Robert Mazzetti (“Mazzetti”), arguing that the trial court erred in denying the Commonwealth’s request that it impose the mandatory minimum sentence on Mazzetti’s underlying conviction. We affi

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IN RE: BRIDGEPORT FIRE LITIGATION APPEAL OF: PROFESSIONAL FLOORING CO., INC., LIMERICK CARPET & FLOORING, INC., ROSE LINE INC. AND: RENU ELECTRONICS,

IN RE: BRIDGEPORT FIRE LITIGATION APPEAL OF: PROFESSIONAL FLOORING CO., INC., LIMERICK CARPET & FLOORING, INC., ROSE LINE INC. AND: RENU ELECTRONICS, INC. (at 2924 and 2926) APPEAL OF: SALMONS INDUSTRIES INC. (at 2925 and 2927) APPEAL OF: DONALD E. HAVILAND, JR. ESQUIRE AND THE HAVILAND LAW FIRM(at 774) No. 2924, 2925, 2926, 2927 EDA 2008 and 774 EDA 2009 2010 PA Super 213 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Order Entered July 10, 2008, in the Court of Common Pleas of Montgomery County, Civil Division, at No. 2005-20924.
Before: BOWES, GANTMAN, and KELLY, JJ.
Opinion by: BOWES, J.
These five consolidated appeals were filed in a class action that has 321 class plaintiffs and settled for $35 million against seventeen defendants. Due to the complexity of the procedure and facts and the myriad issues raised, we have divided our discussion into clearly-designated sections.

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL THUC GARANG

COMMONWEALTH OF PENNSYLVANIA v. DANIEL THUC GARANG No. 120 WDA 2010 2010 PA Super 209 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Judgment of Sentence October 23, 2009 In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-CR-0000309-2009
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Erie County on October 23, 2009, at which time Appellant Daniel Thuc Garang (hereinafter “Appellant”) was sentenced to an aggregate term of thirteen (13) years nine (9) months to thirty-two (32) years in prison. Appellant’s counsel also has filed a petition to withdraw and a brief under Anders v. California, 386 U.S. 738 (1967); Commonwealth v. McClendon, 434 A.2d 1185 (Pa. 1981); Commonwealth v. McFarland, 562 A.2d 369 (Pa. Super. 1989); and Commonwealth v. Wilson, 578 A.2d 523 (Pa. Super. 1990). Upon a review of the record, we grant counsel’s petition and affirm the judgment of sentence.

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HARRY D. SHOWALTER AND CHRISTINE SHOWALTER v. JOHN N. PANTALEO

HARRY D. SHOWALTER AND CHRISTINE SHOWALTER v. JOHN N. PANTALEO No. 331 WDA 2010 2010 PA Super 212 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Judgment Entered February 3, 2010, Court of Common Pleas, Beaver County, Civil Division, at No. 11074 of 2008.
Before: PANELLA, SHOGAN and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellants, Harry D. Showalter and Christine Showalter, appeal from the judgment entered in favor of Appellee, John N. Pantaleo, on February 3, 2010, following the trial court’s determination that a landowner’s bankruptcy defeated Appellants’ claim of adverse possession. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX

COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX No. 988 WDA 2009 2010 PA Super 210 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Sentencing May 7, 2009 In the Court of Common Pleas of Erie County Criminal No. CP-25-CR-0002564-2008
Before: ALLEN, MUNDY and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Ronald Eugene Lomax, appeals from the judgment of sentence entered in the Erie County Court of Common Pleas. We hold, inter alia, that the crimes of rape of a child and indecent assault merge for sentencing purposes. Accordingly, we affirm in part and vacate in part.

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PHYLLIS ZALEPPA v. KRISTEN SEIWELL AND JAMES SEIWELL APPEAL OF: KRISTEN SEIWELL

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PHYLLIS ZALEPPA v. KRISTEN SEIWELL AND JAMES SEIWELL APPEAL OF: KRISTEN SEIWELL No. 2019 MDA 2009 2010 PA Super 208 Atlantic: n/a Filed: 11/17/2010
	Appeal from the Judgment entered October 26, 2009 in the Court of Common Pleas of Luzerne County Civil Division at No: 11157-C of 2006
Before: ALLEN, MUNDY, and COLVILLE, JJ.
Opinion by: MUNDY, J.
Appellant, Kristen Seiwell, appeals from the judgment entered on October 26, 2009 in the Luzerne County Court of Common Pleas. The judgment was entered following a trial in which the jury returned a verdict in the amount of $15,000.00 against Seiwell and in favor of Appellee, Phyllis Zaleppa. Seiwell alleges that the trial court erred in denying her post-trial motion, which requested that the court enter an order directing her to pay the verdict either (1) by naming Medicare, along with Zaleppa and her attorneys, as payees on the draft satisfying the verdict or (2) by paying the verdict into court pending notification from Medicare that all outstanding Medicare liens have been satisfied. After careful consideration, we conclude that there is no legal basis under either federal or Pennsylvania law to assert the interests of the United States government as to the reimbursement of Medicare liens. Thus, the trial court properly denied Seiwell’s post-trial motion. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. V.G. No. 914 EDA 2009 2010 PA Super 207 Atlantic: n/a Filed: 11/16/2010
	Appeal from the Order Entered March 3, 2009, in the Court of Common Pleas of Bucks County, Criminal Division, at No. CP-09-CR-0003037-1986.
Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E.
Opinion by: BOWES, J.
V.G. seeks expungement of charges to which he pleaded nolo contendere but mentally ill. We affirm the trial court’s refusal to expunge those charges.

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COMMONWEALTH OF PENNSYLVANIA v. TAWANDA I. BROOKINS

COMMONWEALTH OF PENNSYLVANIA v. TAWANDA I. BROOKINS No. 2402 EDA 2009 2010 PA Super 206 Atlantic: n/a Filed: 11/15/2010
	Appeal from the Judgment of Sentence entered July 15, 2009 In the Court of Common Pleas of Montgomery County Criminal Division at No. CP-46-CR-0002240-2008
Before: BENDER, DONOHUE and FREEDBERG, JJ.
Opinion by: BENDER, J.
Tawanda I. Brookins appeals the judgment of sentence imposed following her conviction of Possession With Intent to Deliver (PWID), Criminal Conspiracy, and Corrupt Organizations, 35 P.S,§ 780-113(a)(30), 18 Pa.C.S. §§ 903, 911 (respectively). Brookins contends that the trial court erred in denying her motion to sever her trial from that of her co-defendants, denying her motion for change of venue to Philadelphia County, and admitting certain expert testimony. Upon review, we conclude that the trial court erred in denying the motion for severance, as evidence of conduct by certain other defendants would not have been admissible had Brookins been tried separately. We conclude, in addition, that Brookins was unduly prejudiced by the admission of that evidence in the trial of this case. Accordingly, we vacate Brookins’s judgment of sentence and remand this case for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR.

COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR. No. 156 EDA 2010 2010 PA Super 204 Atlantic: n/a Filed: 11/12/2010
	Appeal from the Judgment of Sentence entered October 5, 2009 In the Court of Common Pleas of Montgomery County Criminal at No(s): CR-0000048-08; CP-46-CR-0002575-2008
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Ross Rhoades, appeals from the judgment of sentence entered on October 5, 2009, by the Honorable Paul W. Tressler, Court of Common Pleas of Montgomery County. After careful review, we affirm.

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WELLS FARGO BANK, N.A., as Trustee For the MLMI Trust Series 2005-FF6 v. ERIC M. LUPORI AND STACY R. LUPORI

WELLS FARGO BANK, N.A., as Trustee For the MLMI Trust Series 2005-FF6 v. ERIC M. LUPORI AND STACY R. LUPORI No. 1522 WDA 2009 2010 PA Super 205 Atlantic: n/a Filed: 11/12/2010
	Appeal from the Order August 7, 2009, Court of Common Pleas, Allegheny County, Civil Division at No. GD-07-007241
Before: DONOHUE, OLSON and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Appellants, Eric M. and Stacy R. Lupori (“the Luporis”), appeal from the August 7, 2009 order denying their petition to set aside a sheriff’s sale and strike a default judgment in this mortgage foreclosure action initiated by Appellee, Wells Fargo Bank, N.A., as trustee for MLMI Trust Series 2005 FF6 (“Wells Fargo”). We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. DARRELL TYRONE JAMES

COMMONWEALTH OF PENNSYLVANIA v. DARRELL TYRONE JAMES No. 2140 WDA 2008 2010 PA Super 203 Atlantic: n/a Filed: 11/10/2010
	Appeal from the Judgment of Sentence November 25, 2008 In the Court of Common Pleas of Allegheny County Criminal No. CP-02-CR-0011630-2007
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Darrell Tyrone James, appeals from the judgment of sentence entered in the Allegheny County Court of Common Pleas following the denial of his motion to suppress and his conviction of three counts of unlawful possession of firearms by a convicted offender and one count each of unlawful possession of body armor, unlawful possession of drug paraphernalia, and unlawful possession of marijuana. We find that the trial court had jurisdiction to modify its suppression order more than thirty days after it was entered but before trial had commenced, because 42 Pa.C.S.A. § 5505 considers suppression orders interlocutory. We also find that the trial court, in determining the validity of the search warrant, violated the four corners rule set forth in Pa.R.Crim.P. 203(D) by considering evidence that was not contained in the affidavit of probable cause. We accordingly vacate and remand.

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COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. LAMONDA

COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. LAMONDA No. 1972 MDA 2009 2010 PA Super 202 Atlantic: n/a Filed: 11/8/2010
	Appeal from the Judgment of Sentence Entered July 22, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0001436-2008
Before: BENDER, SHOGAN and CLELAND, JJ.
Opinion by: BENDER, J.
Dissenting Statement by: SHOGAN, J.
Thomas A. Lamonda appeals the judgment of sentence imposed following his conviction of two counts of Homicide by Vehicle (HBV), and one count each of Driving Under the Influence of Alcohol or Controlled Substance, Driving on Roadways Laned for Traffic, Driving Vehicle at Safe Speed, and Unlawful Activities (Operating a Vehicle in Unsafe Condition); 75 Pa.C.S. §§ 3732(a), 3802(d)(1)(iii), 3309(1), 3361, 4107(b)(2) (respectively). Lamonda contends that the evidence was not legally sufficient to sustain his convictions of the latter three crimes as predicate offenses of HBV and that his aggregate sentence of 40 to 120 months’ incarceration was manifestly excessive. He asserts further that the Court abused its discretion and violated his right to Equal Protection by imposing sentence for his HBV convictions based on his contemporaneous conviction of DUI, as that conviction was itself based upon the presence in his bloodstream of an inert metabolite of cocaine. We conclude that because the evidence failed to demonstrate that the metabolic by-product in question had a causal relationship with Lamonda’s HBV, imposition of sentence for HBV based upon the presence of the metabolite is not supported by a rational basis related to the purpose of the HBV statute. Accordingly, we vacate the judgment of sentence and remand for re-sentencing.

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COMMONWEALTH OF PENNSYLVANIA v. JAMES MONROE BALDWIN

COMMONWEALTH OF PENNSYLVANIA v. JAMES MONROE BALDWIN No. 1897 WDA 2008 2010 PA Super 201 Atlantic: n/a Filed: 11/8/2010
	Appeal from the Judgment of Sentence Entered May 14, 2008, Court of Common Pleas, Allegheny County, Criminal Division, at No. CP-02-CR-0001671-2006.
Before: PANELLA, SHOGAN and COLVILLE, JJ.
Opinion by: SHOGAN, J.
Concurring Opinion by: COLVILLE, J.
Appellant, James Monroe Baldwin, appeals from his judgment of sentence of life without parole and consecutive sentence of one to two years entered following his jury convictions of first degree murder and abuse of a corpse. On appeal, Appellant challenges the trial court’s denial of his request to testify on his own behalf after he had waived his right to testify the previous day and after the evidentiary phase of the case was closed. Because we hold that the trial court did not abuse its discretion in refusing to reopen the case for submission of this additional testimony, we affirm.

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ROBERT G. STEWART, as Attorney-in–Fact for Ruth Davidson v. GGNSC-CANONSBURG, L.P., d/b/a/ Golden Living Center-South Hills; GGNSC CANONSBURG GP, L.L.

ROBERT G. STEWART, as Attorney-in–Fact for Ruth Davidson v. GGNSC-CANONSBURG, L.P., d/b/a/ Golden Living Center-South Hills; GGNSC CANONSBURG GP, L.L.C.; GGNSC EQUITY HOLDINGS, L.L.C.; GOLDEN GATE NATIONAL SENIOR CARE, L.L.C, d/b/a/ Golden Living GGNSC Holdings, L.L.C, d/b/a/ Golden Horizons No. 6 WDA 2010 2010 PA Super 199 Atlantic: n/a Filed: 11/4/2010
	Appeal from the Order entered December 17, 2009, in the Court of Common Pleas, Washington County, Civil, at No. 2009-1667
Before: MUSMANNO, SHOGAN, and ALLEN, JJ.
Opinion by: ALLEN, J.
In this appeal, various defendants listed in the caption above (“Appellants”) contend that the trial court erred in denying their preliminary objections seeking to compel the enforcement of an arbitration agreement. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MILTON SCARBOROUGH

COMMONWEALTH OF PENNSYLVANIA v. MILTON SCARBOROUGH No. 1538 MDA 2009 2010 PA Super 200 Atlantic: n/a Filed: 11/4/2010
	Appeal from the Order of August 4, 2009, in the Court of Common Pleas of Lycoming County, Criminal Division at No. 77-10739
Before: ALLEN, MUNDY and COLVILLE, JJ.
Opinion by: COLVILLE, J.
The Commonwealth appeals the order granting Milton Scarborough’s motion for DNA testing pursuant to 42 Pa.C.S.A. § 9543.1. We quash this appeal.

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