Pennsylvania Case Law Update

COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO

2010-12-22T10:56:00.000-08:00

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.

2010-12-20T10:53:00.000-08:00

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

2010-12-17T10:50:00.000-08:00

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

2010-12-17T10:47:00.000-08:00

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

2010-12-17T10:45:00.000-08:00

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

2010-12-16T13:50:00.000-08:00

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

2010-12-15T13:43:00.000-08:00

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

2010-12-14T13:38:00.000-08:00

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

2010-12-13T13:35:00.000-08:00

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.

2010-12-13T12:49:00.000-08:00

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

2010-12-10T12:46:00.000-08:00

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.

2010-12-10T12:42:00.000-08:00

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

2010-12-08T13:15:00.000-08:00

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

2010-12-07T13:12:00.000-08:00

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

2010-12-06T13:08:00.000-08:00

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

2010-12-06T11:05:00.000-08:00

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.

2010-12-03T11:01:00.000-08:00

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

2010-12-01T12:40:00.000-08:00

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

2010-12-01T10:59:00.000-08:00

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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COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEPHEN KANE

2010-11-29T12:19:00.000-08:00

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

2010-11-29T12:15:00.000-08:00

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

2010-11-29T11:11:00.000-08:00

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.

2010-11-23T12:34:00.000-08:00

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

2010-11-23T12:29:00.000-08:00

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

2010-11-19T11:59:00.000-08:00

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

2010-11-18T10:38:00.000-08:00

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,

2010-11-18T09:53:00.000-08:00

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

2010-11-18T09:33:00.000-08:00

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

2010-11-18T09:23:00.000-08:00

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

2010-11-18T09:13:00.000-08:00

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

2010-11-17T08:25:00.000-08:00

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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2010-11-16T08:23:00.000-08:00

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

2010-11-15T11:30:00.000-08:00

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.

2010-11-12T10:32:00.000-08:00

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

2010-11-12T10:25:00.000-08:00

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

2010-11-10T10:03:00.000-08:00

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

2010-11-08T12:02:00.000-08:00

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

2010-11-08T10:47:00.000-08:00

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.

2010-11-04T11:58:00.000-07:00

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

2010-11-04T11:51:00.000-07:00

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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COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE

2010-10-29T11:47:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE No. 1118 MDA 2009 2010 PA Super 198 Atlantic: n/a Filed: 10/29/2010
	Appeal from the Judgment of Sentence entered May 21, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0002332-2008, CP-40-CR-0002328-2008
Before: PANELLA, OTT and COLVILLE, JJ.
Opinion by: PANELLA, J.
Appellant, Joseph Craig Eckrote, appeals from the judgment of sentence entered on May 21, 2009, by the Honorable Joseph M. Augello, Court of Common Pleas of Luzerne County. After careful review, we affirm.

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

2010-10-26T11:36:00.000-07:00

IN THE INTEREST OF: T.B. APPEAL OF: T.B. No. 1775 EDA 2008 2010 PA Super 197 Atlantic: n/a Filed: 10/26/2010
	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. HAP AL SEIDERS

2010-10-25T11:31:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. HAP AL SEIDERS No. 1605 MDA 2009 2010 PA Super 194 Atlantic: n/a Filed: 10/25/2010
	Appeal from the Judgment of Sentence of August 19, 2009 In the Court of Common Pleas of Dauphin County, Criminal Division, No. CR-0000437-08, CP-22-CR-0004709-2008
Before: MUSMANNO, LAZARUS, and OLSON, JJ.
Opinion by: LAZARUS, J.
Hap Al Seiders (“Seiders”) appeals from his judgment of sentence entered in the Court of Common Pleas of Dauphin County following his conviction for bigamy. The issue before us is whether the Court of Common Pleas of Dauphin County has subject matter jurisdiction over the offense of bigamy where the second marriage took place in Las Vegas, Nevada. Because jurisdiction lies in Nevada, where the second, offending marriage occurred, we conclude that the trial court lacked subject matter jurisdiction to convict Seiders of bigamy, and, therefore, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. ANTHONY ABRUE

2010-10-25T10:50:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. ANTHONY ABRUE No. 2502 EDA 2007 2010 PA Super 196 Atlantic: n/a Petition for Reargument Filed 11/8/2010* Filed: 10/25/2010*
	Appeal from the Judgment of Sentence dated September 4, 2007 Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-0006091-2007
Before: GANTMAN, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: DONOHUE, J.
Anthony Abrue (“Abrue”) appeals from the judgment of sentence dated September 4, 2007 following his conviction on charges of simple assault [18 Pa.C.S.A. §§ 2701] and resisting arrest [18 Pa.C.S.A. §§ 5104]. In a prior memorandum decision, this Court denied all of the issues raised in Abrue’s direct appeal. After granting Abrue’s petition for allowance of appeal, however, our Supreme Court vacated this Court’s order insofar as it disposed of his contention that the trial court’s evidentiary decisions violated his constitutional rights under the Confrontation Clause in the Sixth Amendment to the United States Constitution. Our Supreme Court instructed that we consider on remand the Confrontation Clause claim in light of its decision in Commonwealth v. Allshouse, -- Pa. --, 985 A.2d 847 (2009). Having performed a review in light of Allshouse and the United States Supreme Court’s decisions from which it emanates, we reverse the judgment of sentence and remand to the trial court for further proceedings consistent with this decision.

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COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON

2010-10-22T10:29:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON No. 495 WDA 2009 2010 PA Super 195 Atlantic: n/a Filed: 10/22/2010
	Appeal from the Order Entered February 6, 2009, In the Court of Common Pleas of Venango County Criminal Division at No(s): CP-61-CR-0000009-2001, CP-61-CR-0000636-2000
Before: MUSMANNO, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Dissenting Opinion by: MUSMANNO, J.
This matter is before the Court on the appeal of the Commonwealth of Pennsylvania from the order entered by the Court of Common Pleas of Venango County, granting the motion of Appellee David W. Anderson, defendant below, and dismissing the prosecution because of prosecutorial misconduct. We reverse and remand.

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IN RE: ADOPTION OF: S.P. APPEAL OF: G.P., NATURAL FATHER

2010-10-21T10:25:00.000-07:00

IN RE: ADOPTION OF: S.P. APPEAL OF: G.P., NATURAL FATHER No. 1244 WDA 2009 2010 PA Super 193 Atlantic: n/a Filed: 10/21/2010
	Appeal from the Decree entered June 24, 2009, Court of Common Pleas, Washington County, Orphan’s Court at No. 63-08-0875
Before: DONOHUE, ALLEN and LAZARUS, JJ.
Opinion by: DONOHUE, J.
Dissenting Opinion by: ALLEN, J.
G.P. (“Father”) appeals from the trial court decree entered on June 24, 2009, which granted the petition of Washington County Children & Youth Social Services (“CYS” or the “Agency”) for the involuntary termination of Father’s parental rights to S.P who was born in May, 2005. Father is incarcerated and has been since prior to S.P.’s birth. The record is unclear as to how much prison time, if any, Father has yet to face, although he was eligible for parole in August 2009 and had a clean prison record at the time of the termination hearing in March 2009.

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COMMONWEALTH OF PENNSYLVANIA v. SANDRA ROBINSON

2010-10-20T09:56:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. SANDRA ROBINSON No. 1561 EDA 2009 2010 PA Super 192 Atlantic: n/a Filed: 10/20/2010
	Appeal from the Judgment of Sentence Entered April 16, 2009, Court of Common Pleas, Chester County, Criminal Division, at No. CP-15-CR-0002237-2007.
Before: GANTMAN, SHOGAN and MUNDY, JJ.
Opinion by: SHOGAN, J.
Appellant, Sandra Robinson, appeals from the judgment of sentence entered following her conviction of four counts each of possession with intent to deliver a controlled substance, simple possession of a controlled substance and possession of drug paraphernalia, and one count each of criminal use of a communication facility and criminal conspiracy. On appeal, Appellant challenges the trial court’s refusal to grant her eligibility for the Recidivism Risk Reduction Incentive (“RRRI”) program. For the reasons that follow, we vacate the judgment of sentence and remand for resentencing.

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COMMONWEALTH OF PENNSYLVANIA v. NANCY GEZOVICH

2010-10-15T08:47:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. NANCY GEZOVICH No. 786 WDA 2009 2010 PA Super 191 Atlantic: n/a Filed: 10/15/2010
	Appeal from the Judgment of Sentence of April 1, 2009, in the Court of Common Pleas of Washington County, Criminal Division, at No. CP-63-SA-0000350-2008.
Before: BENDER, BOWES, and COLVILLE, JJ.
Opinion by: BOWES, J.
Nancy Gezovich appeals from the judgment of sentence of fines and costs that was imposed after she was convicted of the summary offense of careless driving. As we conclude that the evidence was insufficient to sustain her conviction, we vacate the sentence and discharge Appellant.

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ALAN P. EPSTEIN, ESQUIRE AND SPECTOR GADON & ROSEN, P.C. v. SAUL EWING LLP

2010-10-15T08:30:00.000-07:00

ALAN P. EPSTEIN, ESQUIRE AND SPECTOR GADON & ROSEN, P.C. v. SAUL EWING LLP No. 350 EDA 2009 2010 PA Super 190 Atlantic: n/a Filed: 10/15/2010
	Appeal from the Order Dated November 10, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. January Term, 2006 No. 4539.
Before: BOWES, OLSON, and OTT, JJ.
Opinion by: BOWES, J.
Saul Ewing LLP appeals by permission from the interlocutory order determining the “case within a case” involved in this legal malpractice action. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. TARVUS GAINER

2010-10-13T08:21:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. TARVUS GAINER No. 1610 WDA 2009 2010 PA Super 189 Atlantic: n/a Filed: 10/13/2010
	Appeal from the Judgment of Sentence July 22, 2009 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-0008058-08, CP-02-CR-0016563-2008
Before: STEVENS, DONOHUE, and OTT, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and possession of a firearm with an altered manufacturer’s number, 18 Pa.C.S.A. § 6110.2. Appellant’s sole contention is that the evidence was insufficient to sustain his conviction for carrying a firearm without a license under Section 6106 since the Commonwealth failed to prove the firearm was “operable.”

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IN RE: N.W. APPEAL OF: N.W., JUVENILE

2010-10-08T10:47:00.000-07:00

IN RE: N.W. APPEAL OF: N.W., JUVENILE No. 1633 EDA 2009 2010 PA Super 187 Atlantic: n/a Filed: 10/8/2010
	Appeal from the Order entered May 1, 2009, Court of Common Pleas, Lehigh County, Juvenile Division at No. CP-39-JV-0002297-2008, ID # 0150280 – No. 1202-J of 2008
Before: MUSMANNO, DONOHUE and COLVILLE, JJ.
Opinion by: DONOHUE, J.
This is an appeal from an order of court adjudicating the appellant, N.W., delinquent. Following our careful review, we affirm.

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SANDRA BASILE, on behalf of herself and all others similarly situated v. H & R BLOCK, INC. and H & R BLOCK EASTERN TAX SERVICES, INC.

2010-10-07T10:42:00.000-07:00

SANDRA BASILE, on behalf of herself and all others similarly situated v. H & R BLOCK, INC. and H & R BLOCK EASTERN TAX SERVICES, INC. No. 318 EDA 2004 2010 PA Super 184 Atlantic: n/a Filed: 10/7/2010
	Appeal from the Order entered January 21, 2004, Court of Common Pleas, Philadelphia County, Civil Division at No. 9304-3246
Before: DONOHUE, ALLEN and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Appellants, Sandra Basile (“Basile”), on her own behalf and as the class representative for a class of Pennsylvania residents who applied for and received a “Rapid Refund” during the years 1990 through 1993 while having their taxes prepared by Appellees H & R Block, Inc. and H & R. Block Eastern Tax Services, Inc. (collectively, “Block”), appeals from the trial court’s order entered January 21, 2004 decertifying the class previously certified on May 30, 1997. For the reasons set forth herein, we reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS

2010-10-07T10:32:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. ARC BROOKS No. 1860 EDA 2009 2010 PA Super 185 Atlantic: n/a Petition for Reargument Filed 10/18/2010* Filed: 10/7/2010*
	Appeal from the Judgment of Sentence entered June 19, 2009, in the Court of Common Pleas of Delaware County, Criminal, at No. CP-23-CR-0004874-2007.
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion Opinion by: LAZARUS, J.
Marc Brooks (“Appellant”) appeals from the judgment of sentence imposed after a jury convicted him of two counts of endangering the welfare of two minor victims, as well as multiple sexual offenses involving one of the minor victims. We affirm.

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LATOYA L. BRICKUS vs. RAYMOND T. DENT

2010-10-01T10:56:00.000-07:00

LATOYA L. BRICKUS vs. RAYMOND T. DENT No. 1648 EDA 2009 2010 PA Super 183 Atlantic: n/a Filed: 10/1/2010
	Appeal from the Order entered May 11, 2009 In the Court of Common Pleas of Chester County Domestic Relations, No. 1358 N 1999
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: BOWES, J.
Appellant, Latoya L. Brickus (“Mother”), appeals from the order entered in the Chester County Court of Common Pleas, which declined to implement the hearing officer’s report and recommendation to increase the support obligation of Appellee, Raymond T. Dent (“Father”), in accordance with amended state support guidelines. For the following reasons, we vacate and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. WAYNE PAUL BURKETT

2010-09-30T08:57:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. WAYNE PAUL BURKETT No. 1159 WDA 2009 2010 PA Super 182 Atlantic: n/a Filed: 9/30/2010
	Appeal from the Order Entered March 27, 2009, in the Court of Common Pleas of Blair County, Criminal Division, at No: 1982-284, CP-07-CR-0000284-1982, No. 82 CR 284.
Before: BOWES, ALLEN, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Wayne Paul Burkett appeals from the order entered in the Blair County Court of Common Pleas dismissing his first PCRA petition sixteen years after he filed that petition. After careful review, we affirm.

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

2010-09-28T08:53:00.000-07:00

IN RE: BRIDGEPORT FIRE LITIGATION APPEAL OF: PROFESSIONAL FLOORING, CO., INC., LIMERICK CARPET AND FLOORING, INC., ROSE LINE, INC., AND RENU ELECTRONICS, INC. No. 2865 EDA 2009 2010 PA Super 181 Atlantic: n/a Filed: 9/28/2010
	Appeal from the Order entered September 4, 2009 In the Court of Common Pleas of Montgomery County, Civil Division, No. 05-20924
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Professional Flooring Company, Inc., Limerick Carpet & Flooring, Inc., Rose Line, Inc. and Renu Electronics, Inc. (hereinafter “Certain Class Plaintiffs”) appeal from the order entered in the Court of Common Pleas of Montgomery County on September 4, 2009, denying their motion for incentive fees, and the order entered on September 10, 2009, authorizing compensation for the court-appointed Claims Administrator, by the Honorable Steven T. O’Neill. After careful review, we reverse and remand for further proceedings. This matter forms a small part of the class action litigation that arose from the destruction by fire on May 15, 2001 of a large, multi-unit industrial complex known as the Continental Business Center (“CBC”) in Bridgeport, Pennsylvania. Appellants, Certain Class Plaintiffs, are businesses that suffered losses in the fire and are the original plaintiffs, having filed a putative class action suit against the owners and managers of the CBC nine days after the fire occurred. On April 14, 2003, Judge O’Neill certified the class and appointed Certain Class Plaintiffs as representative plaintiffs of the class. He also appointed the law firms of Kline & Specter, P.C. and High Swartz LLP as class counsel.

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STERLING LEWIS v. CRC INDUSTRIES, INC.

2010-09-27T08:45:00.000-07:00

STERLING LEWIS v. CRC INDUSTRIES, INC. No. 2358 EDA 2009 2010 PA Super 179 Atlantic: n/a Filed: 9/27/2010
	Appeal from the Judgment entered June 19, 2009 In the Court of Common Pleas of Philadelphia County, Civil Division, No. 000815, September Term, 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: ALLEN, J.
Sterling Lewis appeals from the judgment entered in the Philadelphia County Court of Common Pleas in favor of Appellee, CRC Industries, Inc. (“CRC”), following a jury trial in this strict product liability action. After careful review, we reverse and remand for a new trial.

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CHRISTOPHER M. MISSETT v. HUB INTERNATIONAL PENNSYLVANIA, LLC

2010-09-23T08:42:00.000-07:00

CHRISTOPHER M. MISSETT v. HUB INTERNATIONAL PENNSYLVANIA, LLC No. 2096 EDA 2009 2010 PA Super 178 Atlantic: n/a Filed: 9/23/2010
	Appeal from the Judgment entered January 7, 2010 In the Court of Common Pleas of Montgomery County, Civil Division, No. 08-22584
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Hub International Pennsylvania, LLC (“HubPa”), appeals the judgment entered on January 7, 2010 in the Court of Common Pleas of Montgomery County in relation to an Order dated December 17, 2008, granting appellee Christopher M. Missett’s (“Missett”) Motion for Declaratory Judgment and denying HubPa’s Motion for Preliminary Injunctive Relief. After careful consideration, we reverse and remand for further proceedings.

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IN RE: MARCEL CENTENO, PRIVATE DETECTIVE LICENSE APPLICATION APPEAL OF: THE COMMONWEALTH OF PENNSYLVANIA

2010-09-22T11:09:00.000-07:00

IN RE: MARCEL CENTENO, PRIVATE DETECTIVE LICENSE APPLICATION APPEAL OF: THE COMMONWEALTH OF PENNSYLVANIA No. 1801 EDA 2009 2010 PA Super 177 Atlantic: n/a Filed: 9/22/2010
	Appeal from the Order entered May 18, 2009, in the Court of Common Pleas, Philadelphia County, Criminal, No. CP-51-MD-0000128-2009
Before: FORD ELLIOTT, P.J., BOWES, J., and McEWEN, P.J.E.
Opinion by: OPINION PER CURIAM
The Commonwealth appeals from the decision of the trial court to issue to appellee, Marcel Centeno, a license under The Private Detective Act of 1953, 22 P.S. §§ 11 et seq. We reverse.

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DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.)

2010-09-21T10:12:00.000-07:00

DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC and THE SPORTSMAN’S GUIDE No. 2, 109, 112 and 113 WDA 2010 2010 PA Super 176 Atlantic: n/a Filed: 9/21/2010
	Appeal from the Order entered December 14, 2009, Court of Common Pleas, Butler County, Civil Division at No. AD 06-11440
Before: STEVENS, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Duane Reott (“Mr. Reott”) and Patty Reott (“Mrs. Reott”) (collectively, “the Reotts”) appeal from the order entered on December 14, 2009, denying their motion for post-trial relief filed following a jury verdict in favor of the defendants, Asia Trend, Inc., Remington Arms Company and RA Brands, and The Sportsman’s Guide (collectively, “Appellees”). After careful review, we reverse and remand for a new trial limited to damages.

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MARK W. AMBROSE AND RONALD A. KRAMER v. CITIZENS NATIONAL BANK OF EVANS CITY, PENNSYLVANIA

2010-09-17T12:42:00.000-07:00

MARK W. AMBROSE AND RONALD A. KRAMER v. CITIZENS NATIONAL BANK OF EVANS CITY, PENNSYLVANIA No. 847 WDA 2009 2010 PA Super 172 Atlantic: n/a Filed: 9/17/2010
	Appeal from the Order of April 17, 2009, in the Court of Common Pleas of Allegheny County, Civil Division, at No. GD 04-021511.
Before: BENDER, BOWES, and COLVILLE, JJ.
Opinion by: BOWES, J.
Citizens National Bank of Evans City, Pennsylvania (“CNB”) appeals the order dated April 17, 2009 and entered on April 20, 2009, wherein the trial court clarified its April 18, 2009 award of attorneys’ fees totaling $201,704.79 to Mark W. Ambrose and Ronald A. Kramer, hereinafter collectively referred to as Appellees. We affirm.

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IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA

2010-09-17T11:26:00.000-07:00

IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA No. 2481 EDA 2009 2010 PA Super 175 Atlantic: n/a Filed: 9/17/2010
	Appeal from the Order entered August 7, 2009 In the Court of Common Pleas of Lehigh County Civil No. 2009-C-2091
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant/Plaintiff, Ira G. Steffy & Son, Inc., appeals from the order entered in the Lehigh County Court of Common Pleas sustaining the preliminary objections of Appellee/Defendant, Citizens Bank of Pennsylvania, and dismissing Appellant’s amended complaint. After an extensive review of the record, we affirm the trial court’s opinion, finding that Appellant, a subcontractor who was not paid for work performed on a project after Appellee bank failed to release construction funds to the developer, has failed to state a claim for relief against Appellee.

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JUDITH MOORE, ADMINISTRATRIX OF THE ESTATE OF DONNIE R. MOORE, DECEASED, AND IN HER OWN RIGHT v. ERICSSON, INC. (SUCCESSOR TO ANACONDA WIRE AND CABLE

2010-09-17T11:20:00.000-07:00

JUDITH MOORE, ADMINISTRATRIX OF THE ESTATE OF DONNIE R. MOORE, DECEASED, AND IN HER OWN RIGHT v. ERICSSON, INC. (SUCCESSOR TO ANACONDA WIRE AND CABLE COMPANY), AMTCO/AMERICAN BILTRITE, CBS CORPORATION, CERTAINTEED CORPORATION, CHAMPLAIN CABLE CORPORATION, CLEAVER-BROOKS, INC., CROWN CORK & SEAL COMPANY, INC., DFT, RPM, BONDEX INTERNATIONAL AND GOODYEAR TIRE AND RUBBER CO., DFT, RPM, BONDEX INTERNATIONAL, FOSTER-WHEELER, LLC, GARLOCK SEALING TECHNOLOGIES, LLC, GENERAL ELECTRIC COMPANY, CY GOLDBERG, INGERSOLL-RAND, GEORGIA PACIFIC, MELRATH GASKET COMPANY, METROPOLITAN LIFE INSURANCE, OWENS-ILLINOIS, INC., RILEY POWER, INC., UNION CARBIDE CORPORATION AND KELLY-MOORE PAINT CO., Appellants No. 2112 EDA 2009 2010 PA Super 173 Atlantic: n/a Petition for Reargument Filed 10/1/2010* Filed: 9/17/2010*
	Appeal from the Order entered June 4, 2009 In the Court of Common Pleas of Philadelphia County, Civil Division, No. 001441 October Term, 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
In this asbestos personal injury action, Appellant/Cross-Appellee Ericsson, Inc. (Defendant/Ericsson) and Cross-Appellant/Appellee Judith Moore, Individually and as Administratrix of the Estate of Donnie R. Moore, Deceased (Plaintiffs/Moore), appeal from the order of the Court of Common Pleas of Philadelphia County denying Ericsson’s post-trial motions and entering judgment on the molded jury verdict in the amount of $1,190,654.00 in favor of Moore. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JEANETTE GARCIA

2010-09-16T10:38:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. JEANETTE GARCIA No. 2611 EDA 2009 2010 PA Super 171 Atlantic: n/a Filed: 9/16/2010
	Appeal from the Order entered August 4, 2009 In the Court of Common Pleas of Pike County Criminal No. 294-2009; CP-52-CR-0000294-2009
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Jeanette Garcia, appeals from the judgment of sentence entered in the Pike County Court of Common Pleas following her guilty plea before the magisterial district court. This case presents a novel issue: what relief is available to a defendant who seeks to withdraw a guilty plea made in the magisterial district court after the relevant ten-day period of Pennsylvania Rule of Criminal Procedure 550(D) has expired. We hold that a defendant may file an appeal with the court of common pleas within thirty days after the case is transferred there from the magisterial district court. If that appeal is denied, the defendant will have thirty days thereafter to appeal to the Superior Court. We remand the instant matter for Appellant to file an appeal nunc pro tunc with the Court of Common Pleas. We also deny the Commonwealth’s motion to dismiss this appeal for lack of jurisdiction.

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CARL J. BARRICK and BRENDA L. v. HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, individually and doing business as HOLY SPIRIT HOSPITAL,

2010-09-16T10:06:00.000-07:00

CARL J. BARRICK and BRENDA L. v. HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, individually and doing business as HOLY SPIRIT HOSPITAL, SODEXHO MANAGEMENT, INC., SODEXHO OPERATIONS, LLC, and LINDA J. LAWRENCE No. 1856 MDA 2009 2010 PA Super 170 Atlantic: n/a Filed: 9/16/2010
	Appeal from the Order entered October 16, 2009, in the Court of Common Pleas of Cumberland County, Civil Division, at No. 07-3604.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellants, Carl J. Barrick (Mr. Barrick) and Brenda L. Barrick, appeal from the order entered on October 16, 2009, directing the discovery and production of correspondence between counsel for Appellants and Dr. Thomas Green (Dr. Green), Mr. Barrick’s treating physician and designated expert witness at trial. Upon careful consideration, we affirm.

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BRIAN STEWART, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF CONNIE AND SARAH STEWART, DECEASED, AND AS NATURAL PARENT AND GUARDIAN

2010-09-13T12:40:00.000-07:00

BRIAN STEWART, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF CONNIE AND SARAH STEWART, DECEASED, AND AS NATURAL PARENT AND GUARDIAN AND CONSERVATOR OF CARYN STEWART, AND NATURAL GUARDIAN OF CHRISTIAN STEWART, GREG BRYAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREW BRYAN, DECEASED, SHEILA BRYAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREW BRYAN, DECEASED, AND DOUG BRYAN, INDIVIDUALLY v. PRECISION AIRMOTIVE, LLC, INDIVIDUALLY AND AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO PRECISION AIRMOTIVE CORPORATION, AND PRECISION AEROSPACE CORPORATION, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION AEROSPACE SERVICES, LLC F/K/A PRECISION AEROSPACE GROUP, LLC, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION AVIATION PRODUCTS CORPORATION, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION PRODUCTS LLC, INDIVIDUALLY AND AS JOINT VENTURER, ZENITH FUEL SYSTEMS, LLC, INDIVIDUALLY AND AS JOINT VENTURER AS SUCCESSOR-IN-INTEREST TO ZENITH FUEL SYSTEMS INC., BURNS INTERNATIONAL SERVICES CORPORATION, INDIVIDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO BORG-WARNER CORP., AND MARVEL-SCHEBLER, A DIVISION OF BORG-WARNER CORP. AND FORMER FUEL SYSTEMS, INC., F/K/A FACET FUEL SYSTEMS, INC., INDIVIDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO FACET AEROSPACE PRODUCTS CO., MARK IV INDUSTRIES, INC., INDIVDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO FACET ENTERPRISES, INC., FACET AEROSPACE PRODUCTS CO. AND AVCO CORPORATION, D/B/A TEXTRON LYCOMING APPEAL OF: AVCO CORPORATION, ON BEHALF OF ITS LYCOMING ENGINES DIVISION, No. 2303 EDA 2009 2010 PA Super 168 Atlantic: n/a Filed: 9/13/2010
	Appeal from the Orders Entered August 10, 2009 and October 15, 2009 In the Court of Common Pleas of Philadelphia County Civil Division at No: 003200 March Term 2007
Before: ALLEN, LAZARUS and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellants, Precision Airmotive, LLC, and Precision Airmotive Corporation (collectively, “Precision”) and AVCO Corporation, on behalf of its Lycoming Engines Division (“Lycoming”) appeal from the orders of the trial court denying in part their respective motions for summary judgment. The Appellees are Brian Stewart, individually and as the personal representative of the Estates of Connie and Sarah Stewart, deceased, as natural parent, guardian and conservator of Caryn Stewart, and as natural guardian of Christian Stewart; Greg Bryan, individually and as personal representative of the Estate of Andrew Bryan, deceased; Sheila Bryan, individually and as personal representative of the Estate of Andrew Bryan, deceased, and Doug Bryan, individually (collectively, “Appellees”). We quash the appeals in part and affirm the order of the trial court in part.

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BARBARA L. AUBREY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES R. AUBREY, DECEASED and JENNIFER AUBREY v. PRECISION AIRMOTIVE LLC, PRECISION

2010-09-13T12:37:00.000-07:00

BARBARA L. AUBREY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES R. AUBREY, DECEASED and JENNIFER AUBREY v. PRECISION AIRMOTIVE LLC, PRECISION AIRMOTIVE CORPORATION AND MARK IV INDUSTRIES, INC., LYCOMING a/k/a TEXTRON LYCOMING RECIPROCATING ENGINE DIVISION, A DIVISION OF AVCO CORPORATION APPEAL OF: PRECISION AIRMOTIVE LLC, PRECISION AIRMOTIVE CORPORATION AND MARK IV INDUSTRIES, INC., No. 783 , 1062 and 1815 EDA 2008 2010 PA Super 169 Atlantic: n/a Filed: 9/13/2010
	Appeal from the Orders Entered February 1, 2008 and May 21, 2008, In the Court of Common Pleas of Philadelphia County Civil Division at No(s): October Term, 2005, No. 001078
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellants, Precision Airmotive, LLC, Precision Airmotive Corporation and Mark IV Industries, Inc. (collectively, “Precision”) and AVCO Corporation, on behalf of its Lycoming Engines Division (“Lycoming”) appeal from the orders of the trial court denying their respective motions for summary judgment. The Appellees are Barbara Aubrey, individually and as executor of the Estate of James R. Aubrey, and Jennifer Aubrey. We quash the appeals in part and affirm the order of the trial court in part.

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ALBERT LOCKLEY v. CSX TRANSPORTATION INC.

2010-09-09T12:13:00.000-07:00

ALBERT LOCKLEY v. CSX TRANSPORTATION INC. No. 1292 EDA 2009 2010 PA Super 167 Atlantic: n/a Filed: 9/13/2010
	Appeal from the Judgment entered March 30, 2009, in Court of Common Pleas, Philadelphia County, Civil, at No. 003999, July Term 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: ALLEN, J.
Dissenting Opinion by: FREEDBERG, J.
CSX Transportation Inc. (“Appellant”) appeals from the judgment entered in favor of Albert Lockley (“Plaintiff”) following a jury trial. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ALLEN NMN KELLY

2010-09-09T11:50:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. ALLEN NMN KELLY No. 112 MDA 2009 2010 PA Super 165 Atlantic: n/a Filed: 9/9/2010
	Appeal from the Judgment of Sentence December 11, 2008 In the Court of Common Pleas of York County Criminal Division at No. CP-67-CR-0001708-2008
Before: BOWES, J., McEWEN, P.J.E., AND CLELAND, J.
Opinion by: CLELAND, J.
Appellant, Allen Kelly (Kelly), appeals the judgment of sentence of the Court of Common Pleas of York County entered on December 11, 2008 after Kelly pleaded guilty to driving under the influence – highest rate of alcohol, 75 Pa.C.S.A. § 3802(c). Kelly argues the guilty plea was not knowingly, voluntarily, and intentionally tendered. Specifically,http://www.blogger.com/post-create.g?blogID=725292761438552781 Kelly argues he was forced into accepting a guilty plea because the trial court erred in granting counsel’s motion to withdraw on the eve of his trial. Because Kelly intentionally forfeited his right to counsel, we conclude his guilty plea was knowingly, voluntarily, and intentionally tendered. Accordingly, we affirm the judgment of sentence.

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IN RE: D.Y. APPEAL OF D.Y.

2010-09-09T11:48:00.000-07:00

IN RE: D.Y. APPEAL OF D.Y. No. 1300 EDA 2009 2010 PA Super 166 Atlantic: n/a Petition for Reargument Filed 9/24/2010* Filed: 9/9/2010*
	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 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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IN THE INTEREST OF: A.S. a/k/a A.P.S., A MINOR APPEAL OF: K.S., FATHER IN THE INTEREST OF: W.S., A MINOR APPEAL OF: K.S., FATHER

2010-09-09T10:20:00.000-07:00

IN THE INTEREST OF: A.S. a/k/a A.P.S., A MINOR APPEAL OF: K.S., FATHER IN THE INTEREST OF: W.S., A MINOR APPEAL OF: K.S., FATHER No. 802 EDA 2010 2010 PA Super 164 Atlantic: n/a Filed: 9/9/2010
	Appeal from the Orders Entered February 22, 2010, Court of Common Pleas, Monroe County, Criminal Division, at No 67 O.C.A. 2009 and 68 O.C.A. 2009
Before: ALLEN, MUNDY, and KELLY, JJ.
Opinion by: ALLEN, J.
In these consolidated appeals, K.S. (“Father”) appeals from the orders involuntarily terminating his parental rights to his two minor children, A.S. (d.o.b. 7/6/08) and W.S. (d.o.b. 7/3/09), (collectively, “Children”), pursuant to the Adoption Act. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JENNIFER ANN BARTON-MARTIN

2010-09-08T08:48:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. JENNIFER ANN BARTON-MARTIN No. 1080 MDA 2009 2010 PA Super 163 Atlantic: n/a Filed: 9/8/2010
	Appeal from the Judgment of Sentence entered January 26, 2009, in the Court of Common Pleas of York County, Criminal Division, at No. CP-67-CR-0000809-2008.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Jennifer Ann Barton-Martin, appeals from the judgment of sentence entered on January 26, 2009, as made final when Appellant’s post-sentence motions were deemed denied by operation of law, sentencing her for convictions on two counts of driving under the influence, 75 Pa.C.S.A. § 3802(a)(1) (general impairment) and 75 Pa.C.S.A. § 3802(c) (highest rate). Among other claims raised on appeal, Appellant challenges the admission of blood-alcohol test results offered to establish her guilt under § 3802(c) based on the recent United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009). In Melendez-Diaz, the Court held that lab reports admitted to establish a defendant’s guilt constituted testimonial statements covered by the Confrontation Clause of the United States Constitution and that such reports were inadmissible unless the defendant had the opportunity to cross-examine the lab analyst at trial.

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COMMONWEALTH OF PENNSYLVANIA v. JAMES HOWARD NEIMAN, JR.

2010-09-08T08:27:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. JAMES HOWARD NEIMAN, JR. No. 1747 MDA 2007 2010 PA Super 162 Atlantic: n/a Filed: 9/8/2010
	Appeal from the Judgment of Sentence, September 27, 2007, in the Court of Common Pleas of Schuylkill County Criminal Division at No. CP-54-CR-0001870-2005, CP-54-CR-0001871-2005
Before: FORD ELLIOTT, P.J., STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS, AND MUNDY, JJ.
Opinion by: FORD ELLIOT, P.J.
Concurring and Dissenting Opinion by: DONOHUE, J.
Appellant, James Howard Neiman, Jr., challenges the judgment of sentence entered following his convictions for numerous sexual offenses against two child victims. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. LESTER MASKER

2010-09-07T08:17:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. LESTER MASKER No. 2931 EDA 2009 2010 PA Super 161 Atlantic: n/a Filed: 9/7/2010
	Appeal from the PCRA Order of September 18, 2009 In the Court of Common Pleas of Pike County, Criminal Division, Nos. CR-0000003-07, CP-52-CR-0000026-2007
Before: DONOHUE, SHOGAN, and LAZARUS, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: SHOGAN, J.
Lester Masker appeals from the trial court’s order denying his petition, after a hearing, filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9741-46. Masker pled guilty to one count each of involuntary deviate sexual intercourse, incest, indecent assault (M-1), corruption of minors, and indecent assault (M-2). The charges stemmed from Masker’s admission that he engaged in oral sex and penetrated the genitals with his tongue of his 13-year-old victim, his adopted daughter, touched her breasts with his hand, masturbated in front of her while at the same time touching and licking her, and touched her between her legs with his hands and licked her body. The inappropriate conduct occurred on and off for almost six years when the victim was eight until she was fourteen-years-old.

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COMMONWEALTH OF PENNSYLVANIA v. ERIC RAUL MUNIZ

2010-09-03T11:31:00.000-07:00

COMMONWEALTH OF PENNSYLVANIA v. ERIC RAUL MUNIZ No. 962 MDA 2009 2010 PA Super 160 Atlantic: n/a Filed: 9/3/2010
	Appeal from the Judgment of Sentence entered April 28, 2009, in the Court of Common Pleas of Lancaster County, Criminal Division, at No. CP-36-CR-0003710-2007.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Eric Raul Muniz, appeals from the judgment of sentence entered on April 28, 2009, sentencing him to incarceration for convictions of possession with intent to deliver cocaine, possession with intent to deliver marijuana, and possession of drug paraphernalia. For the following reasons, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. DANTE ROBINSON

2010-08-31T11:08:00.000-07:00

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

2010-08-30T11:03:00.000-07:00

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

2010-08-26T07:38:00.000-07:00

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

2010-08-23T12:46:00.000-07:00

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

2010-08-23T07:26:00.000-07:00

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

2010-08-18T12:26:00.000-07:00

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

2010-08-17T12:21:00.000-07:00

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

2010-08-16T11:50:00.000-07:00

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

2010-08-16T10:56:00.000-07:00

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

2010-08-16T10:30:00.000-07:00

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

2010-08-13T10:21:00.000-07:00

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

2010-08-10T08:06:00.000-07:00

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

2010-08-10T08:03:00.000-07:00

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

2010-08-09T10:12:00.000-07:00

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

2010-08-06T08:58:00.000-07:00

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

2010-08-06T08:54:00.000-07:00

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

2010-08-04T08:45:00.000-07:00

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

2010-08-03T08:39:00.000-07:00

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

2010-08-02T08:35:00.000-07:00

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

2010-08-02T08:25:00.000-07:00

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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BOBBI J. BALICKI v. JEFFREY B. BALICKI

2010-07-30T08:21:00.001-07:00

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

2010-07-30T08:21:00.000-07:00

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

2010-07-30T08:11:00.000-07:00

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

2010-07-29T10:49:00.000-07:00

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

2010-07-27T11:40:00.000-07:00

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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