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

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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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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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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IN RE: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN & YOUTH SERVICES IN THE INTEREST OF: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN AND YOUTH

IN RE: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN & YOUTH SERVICES IN THE INTEREST OF: R.M.G., A MINOR APPEAL OF: YORK COUNTY CHILDREN AND YOUTH SERVICES No. 1664 and 1666 MDA 2009 2010 PA Super 103 Atlantic: n/a Filed: 6/4/2010
	Appeal from the Order entered August 24, 2009 In the Court of Common Pleas of York County Juvenile, No. CP-67-DP-933-2006 and No. 2008-0136
Before: GANTMAN, ALLEN, AND LAZARUS, JJ.
Opinion by: GANTMAN, J.
Appellant, York County Children and Youth Services (“CYS”), appeals from the order entered in the York County Court of Common Pleas, denying CYS’ petitions to change the placement goal to adoption and involuntarily terminate Mother’s parental rights with respect to her minor child, R.M.G. Upon a careful review of the record and the applicable law, we hold the court erred in denying the goal-change and termination petitions. Accordingly, we reverse the order denying CYS’ petitions and remand for further proceedings consistent with this decision.

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COMMONWEALTH OF PENNSYLVANIA v. HADIYAH SHAMSUD-DIN

COMMONWEALTH OF PENNSYLVANIA v. HADIYAH SHAMSUD-DIN No. 548 EDA 2009 2010 PA Super 89 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Judgment of Sentence January 26, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0012745-2008
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
Concurring Opinion by: McEWEN, P.J.E.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County on January 26, 2009, at which time Appellant Hadiyah Shamsud-Din was sentenced to an aggregate sentence of twelve (12) months of reporting probation following her conviction of simple assault and criminal trespass. Upon a review of the record, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. BRIAN P. KARTH

COMMONWEALTH OF PENNSYLVANIA v. BRIAN P. KARTH No. 1877 WDA 2009 2010 PA Super 65 Atlantic: n/a Filed: 4/21/2010
	Appeal from the Judgment of Sentence of August 11, 2009 In the Court of Common Pleas of Clearfield County, Criminal Division, Nos. CR-0000345-07, CP-17-CR-0000820-2007
Before: DONOHUE, ALLEN, and LAZARUS, JJ.
Opinion by: LAZARUS, J.
Brian P. Karth appeals from his judgment of sentence imposed after the Honorable Fredric J. Ammerman found him guilty of the summary offense of public drunkenness. Karth had earlier been acquitted by a jury of two charges of criminal mischief stemming from the same incident, during which incident property belonging to Michael Morrison was damaged. Karth was sentenced to ninety days’ probation on the condition that he serve 15 days in the Clearfield County Jail. The statutory maximum sentence for a summary offense is 90 days’ imprisonment pursuant to 18 Pa.C.S.A. § 106. As a further condition of his probation, the court ordered Karth to pay restitution in the total amount of $2,385.95, in monthly installments of not less than $40, “until all amounts are paid in full.” Sentencing Order, 8/11/09, at 2. Thus, at the rate of $40 per month, it would take Karth 60 months, or 57 months past the expiration of his probation, to make full restitution as ordered by the court.

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[B.C.S.] v. [J.A.S.]

[B.C.S.] v. [J.A.S.] No. 1375 MDA 2009 2010 PA Super 63 Atlantic: n/a Filed: 4/20/2010
	Appeal from the Order Entered July 22, 2009, In the Court of Common Pleas of York County At No. 2006-FC-0687093
Before: STEVENS, DONOHUE, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, J.A.S. (“Father”), appeals from the order entered in the York County Court of Common Pleas, denying his petition for shared custody and granting primary physical custody of the parties’ two daughters, E.S., age 11, and C.S., age 10 (collectively, “Children”), to Appellee, B.C.S. (“Mother”). The order also granted shared legal custody to the parties and made specific provisions for holidays and vacations. We hold that a court may not rely on any custom, practice, or judicial norm advancing a presumption of primary physical custody of school-age children when evaluating a petition to modify custody. Accordingly, we vacate and remand with instructions.

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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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A.D. v. M.A.B.

A.D. v. M.A.B. No. 1883 EDA 2009 2010 PA Super 15 Atlantic: n/a Filed: 2/1/2010
	Appeal from the Order Entered June 4, 2009, in the Court of Common Pleas of Philadelphia County at OC 0171488
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
M.A.B. (“Father”) appeals from the order entered in the Philadelphia County Court of Common Pleas, which declined jurisdiction in this child custody matter in favor of the courts of the State of Michigan upon reconsideration of the trial court’s order of February 23, 2009, as requested by A.D. (“Mother”). We hold that the trial court considered and properly weighed all the relevant factors for inconvenient forums pursuant to 23 Pa.C.S. § 5427. Accordingly, we affirm.

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GREGORY CLARK and LINDA MEASHEY individually and on behalf of others similarly situated v. PFIZER INC., and WARNER-LAMBERT COMPANY, LLC.

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GREGORY CLARK and LINDA MEASHEY individually and on behalf of others similarly situated v. PFIZER INC., and WARNER-LAMBERT COMPANY, LLC. No. 754 EDA 2009 2010 PA Super 6 Atlantic: n/a Filed: 1/19/2010
	Appeal from the Order Entered February 9, 2009, Court of Common Pleas, Philadelphia County, Civil, at No. 01819, June Term - 2004
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Gregory Clark and Linda Meashey, individually and on behalf of others similarly situated (“Appellants”), appeal from the trial court’s February 9, 2009 order decertifying the class action and granting partial summary judgment in favor of Pfizer Inc. and Warner-Lambert Company, LLC (“Defendants”). We affirm the trial court’s order to the extent that it decertified the class, concluding that Appellants cannot satisfy the commonality and typicality requirements because individual issues of reliance and/or causation predominated the class’ claims. We vacate the trial court’s order insofar as it granted summary judgment against the class and/or their claims, concluding that the potential res judicata effect on the absent class members could forever bar their causes of action. Accordingly, we affirm in part and vacate in part.

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IN THE INTEREST OF: M.J.H., MINOR

IN THE INTEREST OF: M.J.H., MINOR No. 1451 MDA 2008 2010 PA Super 7 Atlantic: n/a Filed: 1/19/2010
	Appeal from the Adjudication of Delinquency, July 9, 2008 in the Court of Common Pleas of York County Juvenile Division at No. CP-67-JV-0000746-2007
Before: FORD ELLIOTT, P.J., MUSMANNO AND COLVILLE,* JJ.
Opinion by: FORD ELLIOT, P.J.
This appeal contests the dispositional order imposed following a delinquency adjudication based upon a finding of culpability on charges of burglary and theft by unlawful taking or disposition. On appeal, appellant alleges that the evidence was insufficient to sustain his adjudications. After careful review, we reverse.

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IN RE: K.T.E.L. APPEAL OF: A.R., MOTHER

IN RE: K.T.E.L. APPEAL OF: A.R., MOTHER No. 858 EDA 2009 2009 PA Super 205 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Decree entered February 18, 2009, in the Court of Common Pleas of Philadelphia County, December Term No. 90016, D 7157-05-12, J 324009-03
Before: STEVENS, KELLY, and POPOVICH, JJ.
Opinion by: KELLY, J.
A.R. (Mother) appeals from the decree entered in the Philadelphia County Court of Common Pleas of Philadelphia, involuntarily terminating her parental rights to her child, K.T.E.L., born October 28, 2003. We affirm. In this case, we address an issue of first impression: the disposition of an appeal in which an appellant in a case involving termination of parental rights fails to comply with Pennsylvania Rules of Appellate Procedure 905(a)(2) and 1925(a)(2), both adopted January 13, 2009. We hold that henceforth, in all children’s fast track cases, the failure to file a concise statement of errors complained of on appeal with the notice of appeal will result in a defective notice of appeal, to be disposed of on a case by case basis.

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