COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO

COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO No. 2028 MDA 2009 2010 PA Super 239 Atlantic: n/a Filed: 12/22/2010
	Appeal from the Judgment of Sentence November 23, 2009 In the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0003145-2008
Before: FORD ELLIOTT, P.J., MUSMANNO, BENDER, BOWES, DONOHUE, SHOGAN, ALLEN, OLSON and OTT, JJ.
Opinion by: BENDER, J.
David Feczko (Appellant) appeals from the judgment of sentence entered following his convictions for DUI-General Impairment, DUI-Highest Rate, and Driving on Roadways Laned for Traffic. See 75 Pa.C.S. §§ 3802(a)(1), (c), 3309(1). Appellant contends that the suppression court erred in denying Appellant’s motion to suppress, which challenged the basis of the traffic stop. We conclude that the stop was legal because the officer had probable cause to believe that Appellant had committed a vehicle code violation. Accordingly, we affirm.

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WILLIAM GILLARD v. ALDINE D. MARTIN AND AL-MAR RV, INC. APPEAL OF: AL-MAR RV, INC.

WILLIAM GILLARD v. ALDINE D. MARTIN AND AL-MAR RV, INC. APPEAL OF: AL-MAR RV, INC. No. 1329 MDA 2009 2010 PA Super 238 Atlantic: n/a Filed: 12/20/2010
	Appeal from the Judgment Entered July 21, 2009, in the Court of Common Pleas of Franklin County Civil Division at No. 2006-1590
Before: FORD ELLIOTT, P.J., MUNDY, J., AND McEWEN, P.J.E.
Opinion by: FORD ELLIOT, P.J.
Appellant, Al-Mar RV, Inc. (“Al-Mar”), appeals the entry of judgment in favor of appellee, William Gillard (“Gillard”), in the amount of $184,982.72. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD MOORE

COMMONWEALTH OF PENNSYLVANIA v. RICHARD MOORE No. 3078 EDA 2009 2010 PA Super 236 Atlantic: n/a Filed: 12/17/2010
	Appeal from the Judgment of Sentence September 25, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at Nos.: MC-51-CR-0024655-2008 CP-51-CR-0000316-2009
Before: BENDER, FREEDBER and COLVILLE, JJ.
Opinion by: BENDER, J.
Richard Moore, Appellant, appeals from the judgment of sentence of three to six years’ incarceration, imposed after he was convicted of possession with intent to deliver (PWID) a controlled substance. On appeal, Moore contends that the trial court erred in denying his pre-trial motion to suppress evidence. We affirm.

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JAIMIE L. ECKROTH, ADMINISTRATRIX OF THE ESTATE OF DOLORES LEONA HAMMOND DECEASED, KIMBERLY ANN BRANTER, ADMINISTRATRIX OF THE ESTATE OF JORDAN

JAIMIE L. ECKROTH, ADMINISTRATRIX OF THE ESTATE OF DOLORES LEONA HAMMOND DECEASED, KIMBERLY ANN BRANTER, ADMINISTRATRIX OF THE ESTATE OF JORDAN MICHAEL ENGLISH, A MINOR, DECEASED, RONALD DEPTO AND DEBBIE DEPTO, CO-ADMINISTRATORS OF THE ESTATE OF LINDSEY A. DEPTO, DECEASED, AND RONALD DEPTO AND DEBBIE DEPTO, IN THEIR OWN RIGHT, AND CHELSEY HAMMOND, A MINOR, BY HER PARENT AND NATURAL GUARDIAN, TIMOTHY J. HAMMOND, AND TIMOTHY J. HAMMOND, IN HIS OWN RIGHT v. PENNSYLVANIA ELECTRIC, INC., A CORPORATION, D/B/A PENELEC v. DAVID GUNTHER, JOHN ("JACK") SEXTON, INTERACTIVE PERFORMANCE, INC., AND OUTSOURCING SOLUTIONS, INC. No. 1934 WDA 2009 2010 PA Super 235 Atlantic: n/a Filed: 12/17/2010
	Appeal from the Order October 28, 2009 In the Court of Common Pleas of Cambria County Civil Division at No(s): Case No. 4842-2005
Before: STEVENS, OLSON, and OTT, JJ.
Opinion by: STEVENS, J.
This is one of four appeals taken from the October 28, 2009 order entered by the Court of Common Pleas of Cambria County, which, sitting en banc, granted summary judgment in favor of Defendant/Appellee Pennsylvania Electric, Inc. (“Penelec”) and dismissed Plaintiff/Appellants’ wrongful death/negligence action. By a 2-1 decision, the court determined that the fatal house fire from which this sad and tragic case arises was not proximately caused by Penelec’s allegedly negligent termination of electrical power to the home two days earlier. While it is foreseeable that a resident might light a candle to illuminate a home’s interior after dark, the court reasoned, it is unforeseeable that he would leave a 10” taper candle with exposed flame unattended overnight on a bathroom shelf just above where towels and toiletpaper were stored. We conclude that with two days and several unreasonable decisions by the residents separating Penelec’s alleged negligence and the fire, the causal chain between them was too remote as a matter of law to hold Penelec legally responsible for Appellant’s harm. Finding neither error of law nor abuse of discretion in the court’s ruling, therefore, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. FELIX DAVID RIVERA

COMMONWEALTH OF PENNSYLVANIA v. FELIX DAVID RIVERA No. 344 MDA 2010 2010 PA Super 237 Atlantic: n/a Filed: 12/17/2010
	Appeal from the PCRA Order of February 17, 2010 in the Court of Common Pleas of Lancaster County, Criminal Division, Nos. CR-0000113-07, CP-36-0002586-2007
Before: MUSMANNO, BENDER, and LAZARUS, JJ.
Opinion by: LAZARUS, J.
Felix David Rivera appeals from the order dismissing his amended petition under the Post Conviction Relief Act, 42 Pa.C.S.A. §9541, et seq. After careful consideration, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. DAMON L. BENSON

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COMMONWEALTH OF PENNSYLVANIA v. DAMON L. BENSON No. 3645 EDA 2009 2010 PA Super 234 Atlantic: n/a Filed: 12/16/2010
	Appeal from the Judgment of Sentence July 6, 2009, In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CR-0000050-08, CP-46-CR-0004962-2008
Before: LAZARUS, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Damon Benson appeals from the judgment of sentence entered on July 6, 2009, by the Court of Common Pleas of Montgomery County. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON No. 2724 EDA 2008 2010 PA Super 233 Atlantic: n/a Filed: 12/15/2010
	Appeal from the Judgment of Sentence of August 18, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division, No. CP-51-CR-0010866-2007
Before: FORD ELLIOTT, P.J., and STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS and MUNDY, JJ.
Opinion by: PANELLA, J.
Concurring Statement by: FORD ELLIOT, P.J.
Dissenting Opinion by: LAZARUS, J.
This is an appeal from an order of the Philadelphia Gun Court which authorized random, warrantless searches as a condition of probation and parole for Appellant, David A. Wilson. Wilson raises a number of challenges to this condition, imposed by the Honorable Susan I. Shulman, on August 18, 2008, in the Court of Common Pleas of Philadelphia County. After careful review, we affirm the condition as it applies to the probationary sentence, but are required to vacate with respect to the state parole aspect of the sentence.

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CHRISTINE M. EVANS v. GORDON P. BRAUN

CHRISTINE M. EVANS v. GORDON P. BRAUN No. 291 MDA 2010 2010 PA Super 231 Atlantic: n/a Filed: 12/14/2010
	Appeal from the Order entered January 21, 2010 In the Court of Common Pleas of Franklin County Civil Division at No. 2010-102
Before: BENDER, SHOGAN and CLELAND, JJ.
Opinion by: BENDER, J.
Dissenting Statement by: CLELAND, J.
Appellant, Gordon P. Braun, appeals from the January 21, 2010 order granting Appellee, Christine M. Evans, a final protection from abuse (PFA) order against him. Braun argues that the trial court erred in finding that Evans had standing to seek such an order under the Protection from Abuse Act (PFA Act), 23 Pa.C.S. §§ 6101-6122. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ABRAHAM GONZALEZ

COMMONWEALTH OF PENNSYLVANIA v. ABRAHAM GONZALEZ No. 687 EDA 2009 2010 PA Super 229 Atlantic: n/a Filed: 12/13/2010 Appeal from the Judgment of Sentence entered January 23, 2009, in the Court of Common Pleas, Philadelphia County, Criminal, No. CP-51-CR-0307451-2006 Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E. Opinion by: McEWEN, P.J.E. Dissenting Opinion by: BOWES, J. Appellant, Abraham Gonzalez, here appeals from the judgment of sentence to serve a term of imprisonment of from two and one-half years to six years, a sentence imposed after he pleaded guilty to one count of possession of a controlled substance (heroin) with intent to deliver. We vacate the judgment of sentence and remand for resentencing.
	Appeal from the Judgment of Sentence entered January 23, 2009, in the Court of Common Pleas, Philadelphia County, Criminal, No. CP-51-CR-0307451-2006

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COMMONWEALTH OF PENNSYLVANIA v. JOHN RUGGIANO, JR.

COMMONWEALTH OF PENNSYLVANIA v. JOHN RUGGIANO, JR. No. 1991 EDA 2009 2010 PA Super 230 Atlantic: n/a Petition for Reargument Filed 12/23/2010 Filed: 12/13/2010
	Appeal from the Judgment of Sentence of June 10, 2009 In the Court of Common Pleas of Bucks County, Criminal Division, Nos. CR-0000275-07, CP-09-CR-0008265-2007
Before: LAZARUS, OLSON, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
John Ruggiano, Jr. appeals from the judgment of sentence entered in the Court of Common Pleas of Bucks County. Because we find that the trial court improperly precluded evidence pursuant to the Rape Shield Law, 42 Pa.C.S.A. § 3104, we reverse and remand for a new trial.

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RICHARD A. MARLETTE, SR. and MARLEEN MARLETTE, his Wife v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and HERMAN L. JORDAN

RICHARD A. MARLETTE, SR. and MARLEEN MARLETTE, his Wife v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and HERMAN L. JORDAN (at 623) APPEAL OF: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY(at 703) No. 623 and 703 WDA 2009 2010 PA Super 227 Atlantic: n/a Filed: 12/10/2010
	Appeal from the Order entered on March 24, 2009 in the Court of Common Pleas of Allegheny County, Civil Division, No. GD-06-015333
Before: MUSMANNO, BENDER and BOWES, JJ.
Opinion by: MUSMANNO, J.
Dissenting Opinion by: BOWES, J.
Richard A. Marlette, Sr. (“Mr. Marlette”) and his wife, Marleen Marlette (“Mrs. Marlette”), (collectively, “the Marlettes”) appeal from the Order directing State Farm Mutual Automobile Insurance Company (“State Farm”) to pay the Marlettes delay damages in the amount of $28,223.76 in the underlying uninsured motorist (“UM”) case. In its cross-appeal, State Farm challenges its obligation to pay delay damages in excess of its policy limits. After careful review, we vacate the judgment and remand for a re-calculation of delay damages.

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IN RE: R.G. APPEAL OF: R.G.

IN RE: R.G. APPEAL OF: R.G. No. 394 EDA 2010 2010 PA Super 228 Atlantic: n/a Filed: 12/10/2010
	Appeal from the Order Entered January 5, 2010, Court of Common Pleas, Chester County, Criminal Division, at No. 120 PMT 1978.
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, R.G., appeals from the order denying his request to have 50 P.S. §§ 7301(b)(1) and 7304 of the Mental Health Procedures Act (“MHPA”), 50 P.S. § 7101 et seq., declared unconstitutional. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON

COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON No. 274 and 337 WDA 2010 2010 PA Super 226 Atlantic: n/a Filed: 12/8/2010
	Appeal from the Order January 19, 2010, Court of Common Pleas, Erie County, Criminal Division at Nos. CR-0000011-09 - CP-25-CR-0000622-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
This is an appeal from an order finding that the attachment of double jeopardy prohibited the criminal prosecution of Kevin Michael Jackson (“Jackson”) for certain offenses which had previously served as the basis for a finding of indirect criminal contempt of an order granted under the Protection from Abuse Act (“PFA order”). Following our review, we affirm in part, reverse in part, and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON No. 2079 MDA 2009 2010 PA Super 225 Atlantic: n/a Filed: 12/7/2010
	Appeal from the Order entered November 12, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001947-2009
Before: PANELLA, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: PANELLA, J.
The Commonwealth appeals from the order entered on November 12, 2009, by the Honorable Michael T. Toole, Court of Common Pleas of Luzerne County, which granted the motion of Appellee, Gary Jamal Johnson, to dismiss the Criminal Information docketed at No. 1947 of 2009. After careful review, we are compelled to reverse.

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL GRIFFITHS, III

COMMONWEALTH OF PENNSYLVANIA v. DANIEL GRIFFITHS, III No. 40 MDA 2010 2010 PA Super 223 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Order entered December 10, 2009 In the Court of Common Pleas of Lackawanna County Criminal, Nos. 1995-454 CP-35-CR-0000454-1995
Before: BENDER, GANTMAN, AND MUNDY, JJ.
Opinion by: GANTMAN, J.
Appellant, Daniel Griffiths III, appeals from the order entered in the Lackawanna County Court of Common Pleas, which found him in contempt for nonpayment of restitution. Appellant asks us to determine whether the court had continued authority to enforce its original restitution order and to find Appellant in contempt for failing to comply with that order. We hold that the court retained the authority to enforce its restitution order and to find Appellant in contempt for failing to comply with his restitution obligations. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD

COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD No. 259 WDA 2010 2010 PA Super 224 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Judgment of Sentence January 14, 2010, Court of Common Pleas, Butler County, Criminal Division at Nos. CR-0000117-09 - CP-10-CR-0000930-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Appellant, Abdirisak Mohamud (“Mohamud”), appeals from the trial court’s January 14, 2010 sentence imposing 246 to 492 days of imprisonment, followed by two years of probation for possession with intent to deliver a controlled substance. Mohamud challenges Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (“the Act”), 35 P.S. § 780-101 - § 780-141, as violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution for lack of fair warning of the proscribed conduct for which he was convicted. After careful analysis, we affirm the judgment of sentence.

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IN THE INTEREST OF: D.Y. APPEAL OF D.Y.

IN THE INTEREST OF: D.Y. APPEAL OF D.Y. No. 1300 EDA 2009 2010 PA Super 222 Atlantic: n/a Filed: 12/3/2010
	Appeal from the Order entered April 1, 2009, In the Court of Common Pleas of Philadelphia County, Family Court, Juvenile Division, at No. 0719-08-12
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: ALLEN, J.
D.Y. appeals from the dispositional order adjudicating him delinquent for burglary, criminal trespass, theft by unlawful taking, receiving stolen property and criminal mischief. On appeal, D.Y. claims that “the lower court erred in admitting hearsay information at [his] adjudicatory hearing, to wit, that the fingerprints on a “10 print card” were his fingerprints.

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COMMONWEALTH OF PENNSYLVANIA v. NICHOLAS RUFFIN

COMMONWEALTH OF PENNSYLVANIA v. NICHOLAS RUFFIN No. 2198 EDA 2009 2010 PA Super 220 Atlantic: n/a Filed: 12/1/2010
	Appeal from the Judgment of Sentence June 25, 2009 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CR-0000080-09, CP-09-CR-0002124-2009
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Nicholas Ruffin, appeals the judgment of sentence entered on June 25, 2009, by the Honorable Rea Behney Boylan, Court of Common Pleas of Bucks County. After careful review, we affirm.

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AUTOCHOICE UNLIMITED, INC. v. AVANGARD AUTO FINANCE, INC. d/b/a FRIEDMAN’S FINANCIAL GROUP, LLC d/b/a AFFM, INC., FRIEDMAN’S FINANCIAL GROUP, LLC

AUTOCHOICE UNLIMITED, INC. v. AVANGARD AUTO FINANCE, INC. d/b/a FRIEDMAN’S FINANCIAL GROUP, LLC d/b/a AFFM, INC., FRIEDMAN’S FINANCIAL GROUP, LLC AND AFFM, INC. No. 790 EDA 2010 2010 PA Super 221 Atlantic: n/a Filed: 12/1/2010
	Appeal from the Order entered February 4, 2010 in the Court of Common Pleas of Philadelphia County Civil Division at No(s): December Term, 2008 No. 2387
Before: STEVENS, DONOHUE, and MUNDY, JJ.
Opinion by: MUNDY, J.
Appellant, Autochoice Unlimited, Inc., appeals from an order entered February 4, 2010, sustaining in part Appellees’ preliminary objections and dismissing Appellant’s complaint without prejudice. Specifically, the trial court sustained Appellees’ objection to forum in Philadelphia on the basis of a forum selection clause contained in a contract between Appellant and Appellee Avangard Auto Finance, Inc. (Avangard), designating Broward County, Florida, as sole venue to resolve disputes. Because we discern no error or abuse of discretion by the trial court, we affirm.

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