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. ABRAHAM GONZALEZ

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL PATRICK CAULEY

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

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

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. DANIEL THUC GARANG

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

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

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. NANCY GEZOVICH

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

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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LATOYA L. BRICKUS vs. RAYMOND T. DENT

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

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

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

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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COMMONWEALTH OF PENNSYLVANIA v. ALLEN NMN KELLY

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

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT

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

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

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

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