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. 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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WELLS FARGO BANK, N.A., as Trustee For the MLMI Trust Series 2005-FF6 v. ERIC M. LUPORI AND STACY R. LUPORI

WELLS FARGO BANK, N.A., as Trustee For the MLMI Trust Series 2005-FF6 v. ERIC M. LUPORI AND STACY R. LUPORI No. 1522 WDA 2009 2010 PA Super 205 Atlantic: n/a Filed: 11/12/2010
	Appeal from the Order August 7, 2009, Court of Common Pleas, Allegheny County, Civil Division at No. GD-07-007241
Before: DONOHUE, OLSON and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Appellants, Eric M. and Stacy R. Lupori (“the Luporis”), appeal from the August 7, 2009 order denying their petition to set aside a sheriff’s sale and strike a default judgment in this mortgage foreclosure action initiated by Appellee, Wells Fargo Bank, N.A., as trustee for MLMI Trust Series 2005 FF6 (“Wells Fargo”). We reverse.

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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. 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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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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IN RE: ESTATE OF CLARENCE A. WARDEN, DECEASED APPEAL OF: CHARLES LEMENESTREL & GENEVIEVE LEMENESTREL-MANAS

IN RE: ESTATE OF CLARENCE A. WARDEN, DECEASED APPEAL OF: CHARLES LEMENESTREL & GENEVIEVE LEMENESTREL-MANAS No. 1231 EDA 2009 2010 PA Super 121 Atlantic: n/a Filed: 7/9/2010
	Appeal from the Order entered March 16, 2009 In the Court of Common Pleas of Delaware County Orphan’s No.: 405 of 1958
Before: BOWES, OTT, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellants, Charles LeMenestrel and Genevieve LeMenestrel-Manas (“Appellants”), appeal from the order entered in the Court of Common Pleas of Delaware County, which overruled their objections to the accounting and denied their claim for imposition of a surcharge on the Trustees, William G. Warden III (“Warden III”) and Wachovia Bank, N.A. (“Wachovia”) (collectively, “Trustees”). We hold that under these facts, Trustees acted in good faith and did not engage in intentionally dishonest behavior. Finally, we hold that under the facts of this case, acquiescence and laches bars Appellants’ claims. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. EARL WILLIAM KUYKENDALL

COMMONWEALTH OF PENNSYLVANIA v. EARL WILLIAM KUYKENDALL No. 1675 MDA 2009 2010 PA Super 117 Atlantic: n/a Filed: 6/30/2010
	Appeal from the Judgment of Sentence Entered August 7, 2009, in the Court of Common Pleas of Mifflin County, Criminal Division at No: CR-0000177-07, CP-44-CR-0000274-2007.
Before: BOWES, MUNDY, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Earl Kuykendall appeals from the judgment of sentence of twenty-one to forty-eight months incarceration imposed by the trial court following Appellant’s revocation from the State Intermediate Punishment (“SIP”) program. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL ALLAN CLOUSER

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL ALLAN CLOUSER No. 648 MDA 2009 2010 PA Super 115 Atlantic: n/a Filed: 6/25/2010
	Appeal from the Judgment of Sentence entered March 17, 2009 In the Court of Common Pleas of Franklin County Criminal No.: CP-29-CR-0000114-2008
Before: STEVENS, DONOHUE, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Michael Allan Clouser, appeals from the judgment of sentence entered in the Franklin County Court of Common Pleas, following his conviction of driving under the influence (“DUI”) of alcohol or controlled substance (highest rate of alcohol), and DUI (general impairment). Appellant contends that the trial court erred in denying his request for a justification instruction. We hold the trial court erred in concluding summarily that Appellant had alternate options in escaping the perceived danger; however, Appellant failed to assert that it was necessary to drive five miles to continue escaping the danger. Accordingly, for reasons other than those proposed by the trial court, we affirm.

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IN RE: J.P. APPEAL OF: DEPARTMENT OF HUMAN SERVICES

IN RE: J.P. APPEAL OF: DEPARTMENT OF HUMAN SERVICES No. 521 EDA 2009 2010 PA Super 102 Atlantic: n/a Filed: 6/3/2010
	Appeal from the Order entered on December 19, 2008, in the Court of Common Pleas of Philadelphia County, Family Court Division, No. D#5698-08-07, J#376628-03
Before: BOWES, OLSON, AND FITZGERALD, JJ.
Opinion by: OLSON, J.
Appellant, City of Philadelphia, Department of Human Services (“DHS”), appeals from an order directing DHS to provide kinship care payments to W.W. (“Grandmother”), the paternal grandmother of dependent child, J.P. (“Child”). We affirm.

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BRENDA JONES, individually and on behalf of all others similarly situated v. INSURANCE COMPANY APPEAL OF: BRENDA JONES

BRENDA JONES, individually and on behalf of all others similarly situated v. INSURANCE COMPANY APPEAL OF: BRENDA JONES No. 3051 EDA 2008 2010 PA Super 90 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Order entered October 17, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at July Term, 2008 – No. 1599.
Before: BOWES, OLSON and FITZGERALD, JJ.
Opinion by: OLSON, J.
In this class action case, Appellant Brenda Jones appeals from the order entered on October 17, 2008, granting preliminary objections in the nature of a demurrer filed by Appellee Nationwide Property and Casualty Insurance Company (Nationwide). We affirm.

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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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COMMONWEALTH OF PENNSYLVANIA v. ROBERT COOPER

COMMONWEALTH OF PENNSYLVANIA v. ROBERT COOPER No. 223 EDA 2009 2010 PA Super 60 Atlantic: n/a Filed: 4/19/2010
	Appeal from the Order entered January 12, 2009 In the Court of Common Pleas of Philadelphia County Criminal No.: MC-51-CR-0020427-2008
Before: DONOHUE, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Robert Cooper, files this appeal from the order entered in the Philadelphia County Court of Common Pleas, denying his petition for writ of certiorari following his non-jury conviction of possession of a controlled substance (marijuana). On appeal, Appellant challenges the denial of his motion to suppress the evidence. We hold that a police officer may not conduct a pat-down search, i.e. a Terry frisk, of a person who reaches toward his pocket upon the officer’s approach when that person obeys the officer’s directive to stop before actually reaching into his pocket, and the officer does not articulate any reason to believe the person possessed a weapon. Accordingly, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. STEVEN P. DIPANFILO

COMMONWEALTH OF PENNSYLVANIA v. STEVEN P. DIPANFILO No. 2180 EDA 2009 2010 PA Super 59 Atlantic: n/a Filed: 4/16/2010
	Appeal from the Judgment of Sentence entered June 25, 2009, in the Court of Common Pleas of Montgomery County, Criminal Division, at Nos. CR-0000122-07 and CP-46-CR-0000489-2008.
Before: BOWES, OLSON and FITZGERALD, JJ.
Opinion by: OLSON, J.
Appellant, Steven P. DiPanfilo, appeals from the judgment of sentence entered on June 25, 2009. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HENRY GORDON

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM HENRY GORDON No. 594 MDA 2009 2010 PA Super 49 Atlantic: n/a Filed: 3/26/2010
	Appeal from the Judgment of Sentence of March 9, 2009 in the Court of Common Pleas of Lancaster County, Criminal Division, No. CP-36-CR-0003935-2007
Before: FORD ELLIOTT, P.J., LAZARUS and FITZGERALD, JJ.
Opinion by: LAZARUS, J.
William Henry Gordon appeals from his judgment of sentence after being convicted of violating a registration provision (failure to report address change) of Pennsylvania’s version of Megan’s Law (“Act”) and sentenced to a mandatory minimum term of 3-6 years’ incarceration. On appeal he claims: (1) under a strict reading of the applicable Megan’s Law provisions, he is not subject to prosecution for failure to comply with the registration provisions and (2) the trial court erred in admitting the testimony of a Pennsylvania State Police Trooper regarding a letter sent to Gordon explaining the registration process. Because we are bound by the statutory language of the Megan’s Law registration provisions, we are constrained to vacate and discharge the defendant.

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HAROLD B. TROWBRIDGE v. RICHARD AND MARY MCCAIGUE v. SYLVAN GLEN, INC.

HAROLD B. TROWBRIDGE v. RICHARD AND MARY MCCAIGUE v. SYLVAN GLEN, INC. No. 1965 WDA 2008 2010 PA Super 50 Atlantic: n/a Filed: 3/26/2010
	Appeal from the Order Entered on October 21, 2008 In the Court of Common Pleas of Potter County Civil Division at No. 257 of 2008
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: SHOGAN, J.
Harold Trowbridge (Appellant) appeals from the order granting Richard and Mary McCaigue’s (Appellees) motion for judgment on the pleadings. Appellant claims that the trial court erred in granting the motion because the parties had entered into a contract for the sale of real estate, which Appellees breached, thereby entitling Appellant to specific performance. For the following reasons, we reverse.

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KIM GREGORY HUNTER v. SHIRE US, INC.

KIM GREGORY HUNTER v. SHIRE US, INC. No. 1403 EDA 2008 2010 PA Super 39 Atlantic: n/a Filed: 3/17/2010
	Appeal from the Order Dated February 14, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at February Term, 2007 No. 3259.
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Shire US, Inc. appeals from the February 14, 2008 order denying its request either to dismiss this action on the basis of 42 Pa.C.S. § 5322(e) or to transfer this action to Chester County, Pennsylvania, under Pa.R.Civ.P. 1006(d)(1). We affirm.

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IN THE INTEREST OF A.C.(at 2252) IN RE: A.C. APPEAL OF: A.C.(at 1967)

IN THE INTEREST OF A.C.(at 2252) IN RE: A.C. APPEAL OF: A.C.(at 1967) No. 2252 WDA 2007 and 1967 WDA 2008 2010 PA Super 34 Atlantic: n/a Filed: 3/15/2010
	Appeal from the Order Entered November 13, 2007 In the Court of Common Pleas of Butler County Civil Division at No. MSD#04-40311
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
A.C. (Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute. For the reasons that follow, we affirm.

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SAFE AUTO INSURANCE COMPANY v. MELODY BERLIN AND MCKEAN HOSE COMPANY

SAFE AUTO INSURANCE COMPANY v. MELODY BERLIN AND MCKEAN HOSE COMPANY No. 337 and 417 WDA 2009 2010 PA Super 31 Atlantic: n/a Filed: 3/5/2010
	Appeal from the Order Entered December 5, 2008 In the Court of Common Pleas of Erie County Civil Division at No. 2008-10588
Before: BENDER, SHOGAN and FITZGERALD, JJ.
Opinion by: BENDER, J.
Melody Berlin and McKean Hose Company (collectively, the Appellants) appeal the trial court’s entry of a declaratory judgment in favor of Safe Auto Insurance Company (Safe Auto) determining that Safe Auto has no obligation to reimburse the McKean Hose Company for the cost of an emergency rescue it conducted on Berlin’s behalf. The Appellants contend that the language of Safe Auto’s policy is ambiguous and that when interpreted in favor of the insured, the policy mandates the extension of Berlin’s coverage to the expenses the Hose Company incurred. Upon review of the policy’s language, we find no merit in the Appellants’ claims. Accordingly, we affirm the trial court’s entry of declaratory judgment.

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COMMONWEALTH OF PENNSYLVANIA v. RONALD AIKENS No. 2773 EDA 2008 2010 PA Super 29 Atlantic: n/a Filed: 3/4/2010
	Appeal from the Order Entered October 2, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0201941-2002.
Before: STEVENS, BOWES, and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Ronald Aikens appeals from the October 2, 2008 order denying him PCRA relief. We affirm.

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