COMMONWEALTH OF PENNSYLVANIA v. RICHARD MOORE

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

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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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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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COMMONWEALTH OF PENNSYLVANIA v. JAMES MONROE BALDWIN

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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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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COMMONWEALTH OF PENNSYLVANIA v. JOSEPH CRAIG ECKROTE

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

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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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. 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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IRWIN UNION NATIONAL BANK AND TRUST COMPANY v. GEORGE M. FAMOUS AND NANCY L. FAMOUS AND ATL VENTURES APPEAL OF: ATL VENTURES

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

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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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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PENN-AMERICA INSURANCE COMPANY v. PECCADILLOS, INC.; DAVID M. FREEMAN; LORETTA J. SWARTWOOD, ADMINISTRATRIX OF THE ESTATE OF HEIDI MARIE BRITTON SPICE

PENN-AMERICA INSURANCE COMPANY v. PECCADILLOS, INC.; DAVID M. FREEMAN; LORETTA J. SWARTWOOD, ADMINISTRATRIX OF THE ESTATE OF HEIDI MARIE BRITTON SPICER; MICHAEL J. WRIGHT, PARENT AND NATURAL GUARDIAN OF HALEY MORGAN WRIGHT, A MINOR; TERRY I. SOLIWODA, GRANDPARENT AND NATURAL GUARDIAN OF MADISON PAIGE WANDER, A MINOR; JAMES R. WATSON, ADMINISTRATOR OF THE ESTATE OF MEGAN ANN WATSON; PHILLIP L. CLARK, JR., ADMINISTRATOR OF THE ESTATE OF JACOB CHARLES LATTA No. 914 WDA 2009 2010 PA Super 130 Atlantic: n/a Petition for Reargument Filed 8/6/2010 Filed: 7/22/2010
	Appeal from the Order of May 8, 2009, in the Court of Common Pleas of Erie County, Civil Division at No. 12571-08
Before: BENDER, BOWES and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Dissenting Opinion Opinion by: BOWES, J.
This is an appeal from an order which declared the rights of 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. BENJAMIN J. BRUBAKER

COMMONWEALTH OF PENNSYLVANIA v. BENJAMIN J. BRUBAKER No. 2012 MDA 2008 2010 PA Super 116 Atlantic: n/a Filed: 6/29/2010
	Appeal from the Judgment of Sentence, October 21, 2008, in the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-SA-0000118-2008
Before: FORD ELLIOTT, P.J., FREEDBERG AND COLVILLE, JJ.
Opinion by: FORD ELLIOT, P.J.
This is a pro se appeal from a judgment of sentence imposed upon appellant after he was convicted of violating a section of the Vehicle Code pertaining to sun screening of windows. We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. JOHN M. MARCONI

COMMONWEALTH OF PENNSYLVANIA v. JOHN M. MARCONI No. 860 WDA 2009 2010 PA Super 83 Atlantic: n/a Filed: 5/11/2010
	Appeal from the Order Dated April 24, 2009 In the Court of Common Pleas of Forest County Criminal Division at No. CP-27-CR-0000095-2007
Before: BENDER, BOWES and COLVILLE*, JJ.
Opinion by: BENDER, J.
The Commonwealth appeals from the trial court’s order dated April 24, 2009, granting John M. Marconi’s motion to suppress the physical evidence obtained after his car was stopped at a sobriety checkpoint. We affirm.

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DIANE BLACK v. LABOR READY, INC., WILLIAMSPORT STEEL CONTAINER CORP. and RHEEM MANUFACTURING COMPANY, INC.

DIANE BLACK v. LABOR READY, INC., WILLIAMSPORT STEEL CONTAINER CORP. and RHEEM MANUFACTURING COMPANY, INC. No. 312 MDA 2009 2010 PA Super 72 Atlantic: n/a Filed: 4/26/2010
	Appeal from the Order of February 9, 2009, in the Court of Common Pleas of Lycoming County, Civil Division at No. 06-01679
Before: FORD ELLIOTT, P.J., FREEDBERG and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This is an appeal from an order granting summary judgment. More specifically, Appellant challenges the trial court’s decision to grant Appellee Williamsport Steel Container Corporation’s (“Appellee”) motion for summary judgment. We vacate the judgment and reverse the order granting summary judgment in favor of Appellee.

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