COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO

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

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COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEPHEN KANE

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY

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

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COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX

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

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

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. MILTON SCARBOROUGH

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

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

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

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

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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COMMONWEALTH OF PENNSYLVANIA v. WAYNE PAUL BURKETT

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

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.

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

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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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

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

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

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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