CHRISTINE M. EVANS v. GORDON P. BRAUN

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

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COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM

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

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

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

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COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. LAMONDA

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

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COMMONWEALTH OF PENNSYLVANIA v. 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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IN THE INTEREST OF J.M., A MINOR

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

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. MICHAEL MOLINA

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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COMMONWEALTH OF PENNSYLVANIA v. ANTHONY BERNARDLY JONES

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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BOBBI J. BALICKI v. JEFFREY B. BALICKI

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

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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VICTOR M. SACKETT AND DIANA L. v. NATIONWIDE MUTUAL INSURANCE, COMPANY

VICTOR M. SACKETT AND DIANA L. v. NATIONWIDE MUTUAL INSURANCE, COMPANY No. 943 WDA 2009 2010 PA Super 129 Atlantic: n/a Petition for Reargument Filed 8/2/2010 Filed: 7/21/2010
	Appeal from the Judgment entered May 19, 2009, Court of Common Pleas, Westmorland County, Civil, at No. 5057 of 2002
Before: ALLEN, COLVILLE,* and CLELAND,* JJ.
Opinion by: ALLEN, J.
In this automobile insurance contract dispute, Nationwide Mutual Insurance Company (“Appellant”) appeals from the trial court’s grant of declaratory relief in favor of Victor M. Sackett and Diana L. Sackett (the “Sacketts”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WILLIAM THOMPSON

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM THOMPSON No. 1654 EDA 2009 2010 PA Super 126 Atlantic: n/a Filed: 7/16/2010
	Appeal from the Order entered May 29, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at No. MC-51-CR-0015272-2008
Before: OTT, J., McEWEN, P.J.E., AND CLELAND, J.
Opinion by: CLELAND, J.
Appellant, William Thompson (Thompson), appeals the order of the Court of Common Pleas of Philadelphia County entered on May 29, 2009 denying Thompson’s Writ of Certiorari wherein he argued the Municipal Court of Philadelphia erred in failing to suppress evidence against him. Specifically, Thompson argues the police did not have the authority to conduct an inventory search of an immobilized vehicle. We disagree and affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER

COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER No. 1016 EDA 2007 2010 PA Super 122 Atlantic: n/a Filed: 7/14/2010
	Appeal from the Judgment of Sentence October 23, 2006 In the Court of Common Pleas of Carbon County Criminal at No(s): CP-13-CR-0000267-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Concurring Opinion by: CLELAND, J.
Judgment of Sentence Affirmed.

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COMMONWEALTH OF PENNSYLVANIA v. WILLARD OAKLEY MOSER

COMMONWEALTH OF PENNSYLVANIA v. WILLARD OAKLEY MOSER No. 1493 MDA 2009 2010 PA Super 123 Atlantic: n/a Filed: 7/8/2010
	Appeal from the Order Entered August 18, 2009, in the Court of Common Pleas of York County, Criminal Division, at No: CR-0000255-08, CP-67-CR-0006936-2008
Before: BOWES, J., McEWEN, P.J.E., and CLELAND,* J.
Opinion by: BOWES, J.
The Commonwealth appeals from the August 18, 2009 order of court in which the trial court denied the Commonwealth’s motion in limine to admit into evidence Appellee’s prior nolo contendere plea to indecent assault to prove absence of mistake or accident. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. TRACY DANIELS

COMMONWEALTH OF PENNSYLVANIA v. TRACY DANIELS No. 3477 EDA 2008 2010 PA Super 112 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence Entered June 5, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. CP-51-CR-0007123-2007.
Before: SHOGAN, POPOVICH and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellant, Tracy Daniels, appeals from the judgment of sentence entered on June 5, 2008 in the Philadelphia County Court of Common Pleas. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we affirm the judgment of sentence and grant counsel’s petition to withdraw.

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COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON

COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON No. 574 EDA 2007 2010 PA Super 109 Atlantic: n/a Filed: 6/15/2010
	Appeal from the Judgment of Sentence February 1, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0303761-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Deiyo Dixon appeals from the judgment of sentence imposed by the Court of Common Pleas of Philadelphia County. We have granted en banc review to address suppression and sentencing issues raised by Dixon. Following careful examination of the record before us, as well as pertinent case and statutory law, we find no error on the part of the lower court, and affirm the judgment of sentence.

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SKIFF RE BUSINESS, INC. D/B/A RE/MAX 440-DOYLESTOWN v. BUCKINGHAM RIDGEVIEW, LP AND SCOTT AND TARA IRVIN APPEAL OF: SKIFF RE BUSINESS, INC. D/B/A RE/M

SKIFF RE BUSINESS, INC. D/B/A RE/MAX 440-DOYLESTOWN v. BUCKINGHAM RIDGEVIEW, LP AND SCOTT AND TARA IRVIN APPEAL OF: SKIFF RE BUSINESS, INC. D/B/A RE/MAX 440-DOYLESTOWN AND SCOTT AND TARA IRVIN No. 2507 EDA 2008 2010 PA Super 43 Atlantic: n/a Filed: 3/19/2010
	Appeal from the Order entered August 12, 2008 In the Court of Common Pleas of Bucks County Civil Division at No. 07-05619-32-1
Before: FREEDBERG, CLELAND AND KELLY, JJ.
Opinion by: CLELAND, J.
Appellants Skiff re Business, Inc. d/b/a Re/Max 440-Doylestown (Skiff) and Scott and Tara Irvin (Irvins) appeal the order of the trial court directing entry of judgment for Buckingham Ridgeview, LP. (Buckingham) on causes of action for slander of title, tortious interference with contractual relations, and a brokerage commission. We reverse the trial court on the slander of title and tortious interference actions but affirm on the trial court’s denial of a brokerage commission.

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COMMONWEALTH OF PENNSYLVANIA v. MARCUS BROWN

COMMONWEALTH OF PENNSYLVANIA v. MARCUS BROWN No. 2351 EDA 2008 2010 PA Super 27 Atlantic: n/a Filed: 3/2/2010
	Appeal from the Judgment of Sentence June 6, 2008, Court of Common Pleas, Delaware County, Criminal Division at No. CP-23-CR-0005741-2006
Before: GANTMAN, DONOHUE and CLELAND, JJ.
Opinion by: DONOHUE, J.
Marcus Brown (“Brown”) appeals from the judgment of sentence entered on June 6, 2008 following his conviction of robbery, 18 Pa.C.S.A. § 3701(a)(1)(ii), aggravated assault of a police officer, 18 Pa.C.S.A. § 2702(a)(3), and possession of an instrument of crime (“PIC”), 18 Pa.C.S.A. § 907(a). On appeal, Brown raises a suppression issue, as well as weight and sufficiency claims. After careful review, we affirm.

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SCOTT ROBERTSON AND MARA MILLER, H/W v. ADREXEL UNIVERSITY, CONSTANTINE PAPADAKIS, STEPHEN W. DIRECTOR AND DAVID E. FRENSKE

SCOTT ROBERTSON AND MARA MILLER, H/W v. ADREXEL UNIVERSITY, CONSTANTINE PAPADAKIS, STEPHEN W. DIRECTOR AND DAVID E. FRENSKE
No. 2879 EDA 2008 2010 PA Super 22 Atlantic: n/a Filed: 2/22/2010

Appeal from the Order entered September 10, 2008
In the Court of Common Pleas of Philadelphia County
Civil No. August Term, 2007, No. 001576

Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.

This is an appeal from an order entering summary judgment in favor of Appellees/defendants below in an action based on claims of contract breach involving the denial of tenure to an associate professor at Drexel University. We affirm, concluding that the performance evaluation process which culminated in a finding that Appellant had failed to meet the standard required for an award of tenure did not constitute a breach of his employment contract.
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