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. RONALD EUGENE LOMAX

COMMONWEALTH OF PENNSYLVANIA v. RONALD EUGENE LOMAX No. 988 WDA 2009 2010 PA Super 210 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Sentencing May 7, 2009 In the Court of Common Pleas of Erie County Criminal No. CP-25-CR-0002564-2008
Before: ALLEN, MUNDY and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Ronald Eugene Lomax, appeals from the judgment of sentence entered in the Erie County Court of Common Pleas. We hold, inter alia, that the crimes of rape of a child and indecent assault merge for sentencing purposes. Accordingly, we affirm in part and vacate in part.

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COMMONWEALTH OF PENNSYLVANIA v. DARRELL TYRONE JAMES

COMMONWEALTH OF PENNSYLVANIA v. DARRELL TYRONE JAMES No. 2140 WDA 2008 2010 PA Super 203 Atlantic: n/a Filed: 11/10/2010
	Appeal from the Judgment of Sentence November 25, 2008 In the Court of Common Pleas of Allegheny County Criminal No. CP-02-CR-0011630-2007
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Darrell Tyrone James, appeals from the judgment of sentence entered in the Allegheny County Court of Common Pleas following the denial of his motion to suppress and his conviction of three counts of unlawful possession of firearms by a convicted offender and one count each of unlawful possession of body armor, unlawful possession of drug paraphernalia, and unlawful possession of marijuana. We find that the trial court had jurisdiction to modify its suppression order more than thirty days after it was entered but before trial had commenced, because 42 Pa.C.S.A. § 5505 considers suppression orders interlocutory. We also find that the trial court, in determining the validity of the search warrant, violated the four corners rule set forth in Pa.R.Crim.P. 203(D) by considering evidence that was not contained in the affidavit of probable cause. We accordingly vacate and remand.

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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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IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA

IRA G. STEFFY & SON, INC. v. CITIZENS BANK OF PENNSYLVANIA No. 2481 EDA 2009 2010 PA Super 175 Atlantic: n/a Filed: 9/17/2010
	Appeal from the Order entered August 7, 2009 In the Court of Common Pleas of Lehigh County Civil No. 2009-C-2091
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant/Plaintiff, Ira G. Steffy & Son, Inc., appeals from the order entered in the Lehigh County Court of Common Pleas sustaining the preliminary objections of Appellee/Defendant, Citizens Bank of Pennsylvania, and dismissing Appellant’s amended complaint. After an extensive review of the record, we affirm the trial court’s opinion, finding that Appellant, a subcontractor who was not paid for work performed on a project after Appellee bank failed to release construction funds to the developer, has failed to state a claim for relief against Appellee.

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COMMONWEALTH OF PENNSYLVANIA v. JEANETTE GARCIA

COMMONWEALTH OF PENNSYLVANIA v. JEANETTE GARCIA No. 2611 EDA 2009 2010 PA Super 171 Atlantic: n/a Filed: 9/16/2010
	Appeal from the Order entered August 4, 2009 In the Court of Common Pleas of Pike County Criminal No. 294-2009; CP-52-CR-0000294-2009
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Jeanette Garcia, appeals from the judgment of sentence entered in the Pike County Court of Common Pleas following her guilty plea before the magisterial district court. This case presents a novel issue: what relief is available to a defendant who seeks to withdraw a guilty plea made in the magisterial district court after the relevant ten-day period of Pennsylvania Rule of Criminal Procedure 550(D) has expired. We hold that a defendant may file an appeal with the court of common pleas within thirty days after the case is transferred there from the magisterial district court. If that appeal is denied, the defendant will have thirty days thereafter to appeal to the Superior Court. We remand the instant matter for Appellant to file an appeal nunc pro tunc with the Court of Common Pleas. We also deny the Commonwealth’s motion to dismiss this appeal for lack of jurisdiction.

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IN THE INTEREST OF: A.S. a/k/a A.P.S., A MINOR APPEAL OF: K.S., FATHER IN THE INTEREST OF: W.S., A MINOR APPEAL OF: K.S., FATHER

IN THE INTEREST OF: A.S. a/k/a A.P.S., A MINOR APPEAL OF: K.S., FATHER IN THE INTEREST OF: W.S., A MINOR APPEAL OF: K.S., FATHER No. 802 EDA 2010 2010 PA Super 164 Atlantic: n/a Filed: 9/9/2010
	Appeal from the Orders Entered February 22, 2010, Court of Common Pleas, Monroe County, Criminal Division, at No 67 O.C.A. 2009 and 68 O.C.A. 2009
Before: ALLEN, MUNDY, and KELLY, JJ.
Opinion by: ALLEN, J.
In these consolidated appeals, K.S. (“Father”) appeals from the orders involuntarily terminating his parental rights to his two minor children, A.S. (d.o.b. 7/6/08) and W.S. (d.o.b. 7/3/09), (collectively, “Children”), pursuant to the Adoption Act. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JEFFREY WATSON

COMMONWEALTH OF PENNSYLVANIA v. JEFFREY WATSON No. 2859 EDA 2009 2010 PA Super 157 Atlantic: n/a Filed: 8/26/2010
	Appeal from the PCRA Order September 3, 2009, In the Court of Common Pleas of Philadelphia County, Criminal Division at No(s): 08504127011 CP-51-CR-0439251-1985
Before: STEVENS, OTT and KELLY, JJ.
Opinion by: OTT, J.
Jeffrey Watson appeals pro se from the denial of his third petition pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. FRED CHARLES MORAN

COMMONWEALTH OF PENNSYLVANIA v. FRED CHARLES MORAN No. 2281 EDA 2008 2010 PA Super 152 Atlantic: n/a Filed: 8/16/2010
	Appeal from the Judgment of Sentence entered March 17, 2008 In the Court of Common Pleas of Delaware County Criminal Division at No. CP-23-CR-0004579-2007
Before: BENDER, OTT and KELLY, JJ.
Opinion by: BENDER, J.
Dissenting Opinion by: KELLY, J.
Fred Charles Moran appeals the judgment of sentence imposed following his conviction of Bribery in Official and Political Matters, 18 Pa.C.S. § 4701. Moran contends that the evidence adduced was not legally sufficient to establish that he acted with criminal intent and/or to gain an unlawful benefit as required by the statute. In addition, he contends that the trial court abused its discretion in denying counsel’s requests to instruct the jury on culpability in conformity with 18 Pa.C.S. § 302. Upon review, we find the evidence more than ample to sustain Moran’s conviction. Moreover, in view of the measure of intent inherent in the language of the bribery statute and the overwhelming nature of the evidence of intent in this case, we find no abuse of discretion in the trial court’s refusal to instruct the jury in conformity with 18 Pa.C.S. § 302.

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SUSAN SMEDLEY v. LYNN M. LOWMAN

SUSAN SMEDLEY v. LYNN M. LOWMAN No. 1620 MDA 2009 2010 PA Super 136 Atlantic: n/a Filed: 7/30/2010
	Appeal from the Order entered August 18, 2009 In the Court of Common Pleas of Franklin County Domestic Relations No. 2005-00566
Before: STEVENS, DONOHUE and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Lynn M. Lowman, appeals from the order entered August 18, 2009 in the Court of Common Pleas of Franklin County denying his request for relief. We hold that the trial court did not abuse its discretion by assigning Appellant an earning capacity greater than his pension for child support purposes, where he voluntarily retired two years after accumulating his fully vested pension benefits in good health at age fifty-two. We affirm.

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LAMONT DIXON v. GEICO

LAMONT DIXON v. GEICO No. 3127 EDA 2009 2010 PA Super 133 Atlantic: n/a Filed: 7/29/2010
	Appeal from the Order September 28, 2009 In the Court of Common Pleas of Philadelphia County Civil No. December Term 2008, No. 003529
Before: BENDER, OTT and KELLY, JJ.
Opinion by: KELLY, J.
Concurring Opinion by: OTT, J.
Appellant, Lamont Dixon, appeals from the order granting summary judgment in favor of Appellee, GEICO, on his claim for underinsured motorist (UIM) benefits. The trial court concluded that the facts were not in dispute, and the issue of coverage could be decided as a matter of law. We vacate and remand.

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COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP

COMMONWEALTH OF PENNSYLVANIA v. RYFEE CRUMP No. 2841 EDA 2008 2010 PA Super 101 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Judgment of Sentence of September 9, 2008, in the Court of Common Pleas of Philadelphia County, Criminal Division, at No. CP-51-CR-0407621-2004.
Before: BOWES, GANTMAN, and KELLY, JJ.
Opinion by: BOWES, J.
Appellant, Ryfee Crump, appeals from the judgment of sentence imposed after the trial court revoked an earlier sentence of probation. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ANGEL L. VALLE-VELEZ

COMMONWEALTH OF PENNSYLVANIA v. ANGEL L. VALLE-VELEZ No. 1151 MDA 2009 2010 PA Super 99 Atlantic: n/a Filed: 5/27/2010
	Appeal from the Order Entered June 4, 2009 in the Court of Common Pleas of Lebanon County Criminal Division at No(s): CP-38-CR-0000137-2008 CR-0000552-07
Before: SHOGAN, OLSON, and KELLY, JJ.
Opinion by: OLSON, J.
The Commonwealth appeals the trial court’s order entered June 4, 2009, sustaining Appellee’s motion in limine, and finding that the spousal competency privilege set forth in 42 Pa.C.S.A. § 5913 applies to Appellee’s wife, where the couple has separated and filed for divorce, but remain legally married. We were surprised to find that consideration of the privilege within such circumstances is an issue of first impression and commend the trial court on a thorough and well reasoned consideration of this new issue. We affirm.

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MICHELLE RENNIE v. LEONARD D. ROSENTHOL

MICHELLE RENNIE v. LEONARD D. ROSENTHOL No. 1585 EDA 2009 2010 PA Super 88 Atlantic: n/a Filed: 5/17/2010
	Appeal from the Order Entered April 9, 2009, in the Court of Common Pleas of Philadelphia County Domestic Relations at No. 009807111
Before: MUSMANNO, KELLY, JJ., and McEWEN, P.J.E.
Opinion by: MUSMANNO, J.
Michelle Rennie (“Mother”), appeals from the Order entered in the Philadelphia County Court of Common Pleas on April 9, 2009, exercising jurisdiction in a custody matter with Leonard D. Rosenthal (“Father”), regarding the parties’ adopted daughter (“Child”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA vs. FLOYD JOSEPH MONACO

COMMONWEALTH OF PENNSYLVANIA vs. FLOYD JOSEPH MONACO No. 256 WDA 2009 2010 PA Super 84 Atlantic: n/a Filed: 5/12/2010
	Appeal from the PCRA Order January 23, 2009 In the Court of Common Pleas of Lawrence County Criminal, No. CP-37-CR-0000348-1979
Before: GANTMAN, KELLY, AND POPOVICH, JJ
Opinion by: GANTMAN, J.
Appellant, Floyd Joseph Monaco, appeals from the order entered in the Lawrence County Court of Common Pleas, which denied and dismissed his serial petition brought pursuant to the Post Conviction Relief Act (“PCRA”). We affirm.

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MICHELLE GORMLEY v. COTY EDGAR

MICHELLE GORMLEY v. COTY EDGAR No. 50 EDA 2009 2010 PA Super 71 Atlantic: n/a Filed: 4/26/2010
	Appeal from the Order Entered December 4, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. JUNE TERM 2007 NO. 002496.
Before: BOWES, GANTMAN, and KELLY, JJ.
Opinion by: BOWES, J.
Michelle Gormley appeals from the December 4, 2008 order compelling her to provide an executed consent for release of certain mental health records. We affirm.

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CHARLES MEADOWS ET AL. v. ENOCH GOODMAN

CHARLES MEADOWS ET AL. v. ENOCH GOODMAN
No. 1737 EDA 2009 2010 PA Super 55 Atlantic: n/a Filed: 4/8/2010

Appeal from the Order entered May 11, 2009
In the Court of Common Pleas of Philadelphia County
Civil No. May Term 2008, No. 00297

Before: BOWES, GANTMAN and KELLY, JJ.
Opinion by: KELLY, J.

Charles Meadows and Terry Bell, Appellants, appeal from the order entered in the Philadelphia County Court of Common Pleas denying their motion to amend their complaint and dismissing the case. We hold that the trial court erred in denying a “motion to amend complaint” seeking to join a defendant, which had been filed by the plaintiff before the statute of limitations had run, and where neither the named defendant nor the proposed defendant would suffer prejudice. We further hold the court erred in sua sponte dismissing the case where, even if the motion to join a defendant were properly denied, there remained outstanding claims. We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. CLINTON OLIVER MOURY

COMMONWEALTH OF PENNSYLVANIA v. CLINTON OLIVER MOURY No. 158 EDA 2010 2010 PA Super 46 Atlantic: n/a Filed: 3/24/2010
	Appeal from the Judgment of Sentence November 18, 2008 In the Court of Common Pleas of Chester County Criminal, No. CP-15-CR-0004784-2007
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant, Clinton Oliver Moury, appeals from the judgment of sentence entered in the Chester County Court of Common Pleas, following his jury trial convictions for two (2) counts of discharge of a firearm into an occupied structure, carrying a firearm without a license, possession of an instrument of crime with intent (“PIC”), two (2) counts of driving under the influence (“DUI”), six (6) counts of recklessly endangering another person (“REAP”), accidental damage to unattended vehicle or property, and two (2) counts of criminal conspiracy. We affirm.

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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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J. P. v. S. P.

J. P. v. S. P. No. 1229 WDA 2009 2010 PA Super 37 Atlantic: n/a Filed: 3/16/2010
	Appeal from the Order Dated June 24, 2009 In the Court of Common Pleas of Lawrence County Civil Division at No. 11210 of 2008, C.A.
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
S.P. (“Mother”) appeals from the trial court’s order dated June 24, 2009, and entered on June 25, 2009, wherein the trial court granted the parties shared legal custody of their three daughters and awarded J.P. (“Father”) primary physical custody of the children. We affirm.http://www.blogger.com/post-create.g?blogID=725292761438552781

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