COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO

COMMONWEALTH OF PENNSYLVANIA v. DAVID EDWARD FECZKO No. 2028 MDA 2009 2010 PA Super 239 Atlantic: n/a Filed: 12/22/2010
	Appeal from the Judgment of Sentence November 23, 2009 In the Court of Common Pleas of Cumberland County Criminal Division at No. CP-21-CR-0003145-2008
Before: FORD ELLIOTT, P.J., MUSMANNO, BENDER, BOWES, DONOHUE, SHOGAN, ALLEN, OLSON and OTT, JJ.
Opinion by: BENDER, J.
David Feczko (Appellant) appeals from the judgment of sentence entered following his convictions for DUI-General Impairment, DUI-Highest Rate, and Driving on Roadways Laned for Traffic. See 75 Pa.C.S. §§ 3802(a)(1), (c), 3309(1). Appellant contends that the suppression court erred in denying Appellant’s motion to suppress, which challenged the basis of the traffic stop. We conclude that the stop was legal because the officer had probable cause to believe that Appellant had committed a vehicle code violation. Accordingly, we affirm.

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JAIMIE L. ECKROTH, ADMINISTRATRIX OF THE ESTATE OF DOLORES LEONA HAMMOND DECEASED, KIMBERLY ANN BRANTER, ADMINISTRATRIX OF THE ESTATE OF JORDAN

JAIMIE L. ECKROTH, ADMINISTRATRIX OF THE ESTATE OF DOLORES LEONA HAMMOND DECEASED, KIMBERLY ANN BRANTER, ADMINISTRATRIX OF THE ESTATE OF JORDAN MICHAEL ENGLISH, A MINOR, DECEASED, RONALD DEPTO AND DEBBIE DEPTO, CO-ADMINISTRATORS OF THE ESTATE OF LINDSEY A. DEPTO, DECEASED, AND RONALD DEPTO AND DEBBIE DEPTO, IN THEIR OWN RIGHT, AND CHELSEY HAMMOND, A MINOR, BY HER PARENT AND NATURAL GUARDIAN, TIMOTHY J. HAMMOND, AND TIMOTHY J. HAMMOND, IN HIS OWN RIGHT v. PENNSYLVANIA ELECTRIC, INC., A CORPORATION, D/B/A PENELEC v. DAVID GUNTHER, JOHN ("JACK") SEXTON, INTERACTIVE PERFORMANCE, INC., AND OUTSOURCING SOLUTIONS, INC. No. 1934 WDA 2009 2010 PA Super 235 Atlantic: n/a Filed: 12/17/2010
	Appeal from the Order October 28, 2009 In the Court of Common Pleas of Cambria County Civil Division at No(s): Case No. 4842-2005
Before: STEVENS, OLSON, and OTT, JJ.
Opinion by: STEVENS, J.
This is one of four appeals taken from the October 28, 2009 order entered by the Court of Common Pleas of Cambria County, which, sitting en banc, granted summary judgment in favor of Defendant/Appellee Pennsylvania Electric, Inc. (“Penelec”) and dismissed Plaintiff/Appellants’ wrongful death/negligence action. By a 2-1 decision, the court determined that the fatal house fire from which this sad and tragic case arises was not proximately caused by Penelec’s allegedly negligent termination of electrical power to the home two days earlier. While it is foreseeable that a resident might light a candle to illuminate a home’s interior after dark, the court reasoned, it is unforeseeable that he would leave a 10” taper candle with exposed flame unattended overnight on a bathroom shelf just above where towels and toiletpaper were stored. We conclude that with two days and several unreasonable decisions by the residents separating Penelec’s alleged negligence and the fire, the causal chain between them was too remote as a matter of law to hold Penelec legally responsible for Appellant’s harm. Finding neither error of law nor abuse of discretion in the court’s ruling, therefore, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. DAMON L. BENSON

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COMMONWEALTH OF PENNSYLVANIA v. DAMON L. BENSON No. 3645 EDA 2009 2010 PA Super 234 Atlantic: n/a Filed: 12/16/2010
	Appeal from the Judgment of Sentence July 6, 2009, In the Court of Common Pleas of Montgomery County Criminal Division at No(s): CR-0000050-08, CP-46-CR-0004962-2008
Before: LAZARUS, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Damon Benson appeals from the judgment of sentence entered on July 6, 2009, by the Court of Common Pleas of Montgomery County. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. JOHN RUGGIANO, JR.

COMMONWEALTH OF PENNSYLVANIA v. JOHN RUGGIANO, JR. No. 1991 EDA 2009 2010 PA Super 230 Atlantic: n/a Petition for Reargument Filed 12/23/2010 Filed: 12/13/2010
	Appeal from the Judgment of Sentence of June 10, 2009 In the Court of Common Pleas of Bucks County, Criminal Division, Nos. CR-0000275-07, CP-09-CR-0008265-2007
Before: LAZARUS, OLSON, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
John Ruggiano, Jr. appeals from the judgment of sentence entered in the Court of Common Pleas of Bucks County. Because we find that the trial court improperly precluded evidence pursuant to the Rape Shield Law, 42 Pa.C.S.A. § 3104, we reverse and remand for a new trial.

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COMMONWEALTH OF PENNSYLVANIA v. ROBERT MAZZETTI

COMMONWEALTH OF PENNSYLVANIA v. ROBERT MAZZETTI No. 1303 MDA 2009 2010 PA Super 211 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Order entered on July 7, 2009 in the Court of Common Pleas of Centre County, Criminal Division, No. CP-14-CR-0001940-2008
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: MUSMANNO, J.
The Commonwealth of Pennsylvania appeals from the Order revoking the probation of Robert Mazzetti (“Mazzetti”), arguing that the trial court erred in denying the Commonwealth’s request that it impose the mandatory minimum sentence on Mazzetti’s underlying conviction. We affi

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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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IN THE INTEREST OF: T.B. APPEAL OF: T.B.

IN THE INTEREST OF: T.B. APPEAL OF: T.B. No. 1775 EDA 2008 2010 PA Super 197 Atlantic: n/a Filed: 10/26/2010
	Appeal from the Dispositional Order of June 12, 2008, in the Court of Common Pleas of Philadelphia County, Family Court Division, at No. 651-08-02, 649-08-02, Petition # 270-08-03, 653-08-02, 645-08-02.
Before: BOWES, OLSON, and FREEDBERG, JJ.
Opinion by: BOWES, J.
This is an appeal from the dispositional order of the Court of Common Pleas of Philadelphia County entered following Appellant’s adjudication of delinquency based on his commission of acts constituting four incidents each of burglary, conspiracy, possession of an instrument of crime (“PIC”), and one instance of receiving stolen property (“RSP”). We reverse and remand.

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COMMONWEALTH OF PENNSYLVANIA v. HAP AL SEIDERS

COMMONWEALTH OF PENNSYLVANIA v. HAP AL SEIDERS No. 1605 MDA 2009 2010 PA Super 194 Atlantic: n/a Filed: 10/25/2010
	Appeal from the Judgment of Sentence of August 19, 2009 In the Court of Common Pleas of Dauphin County, Criminal Division, No. CR-0000437-08, CP-22-CR-0004709-2008
Before: MUSMANNO, LAZARUS, and OLSON, JJ.
Opinion by: LAZARUS, J.
Hap Al Seiders (“Seiders”) appeals from his judgment of sentence entered in the Court of Common Pleas of Dauphin County following his conviction for bigamy. The issue before us is whether the Court of Common Pleas of Dauphin County has subject matter jurisdiction over the offense of bigamy where the second marriage took place in Las Vegas, Nevada. Because jurisdiction lies in Nevada, where the second, offending marriage occurred, we conclude that the trial court lacked subject matter jurisdiction to convict Seiders of bigamy, and, therefore, we reverse.

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COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID W. ANDERSON No. 495 WDA 2009 2010 PA Super 195 Atlantic: n/a Filed: 10/22/2010
	Appeal from the Order Entered February 6, 2009, In the Court of Common Pleas of Venango County Criminal Division at No(s): CP-61-CR-0000009-2001, CP-61-CR-0000636-2000
Before: MUSMANNO, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Dissenting Opinion by: MUSMANNO, J.
This matter is before the Court on the appeal of the Commonwealth of Pennsylvania from the order entered by the Court of Common Pleas of Venango County, granting the motion of Appellee David W. Anderson, defendant below, and dismissing the prosecution because of prosecutorial misconduct. We reverse and remand.

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ALAN P. EPSTEIN, ESQUIRE AND SPECTOR GADON & ROSEN, P.C. v. SAUL EWING LLP

ALAN P. EPSTEIN, ESQUIRE AND SPECTOR GADON & ROSEN, P.C. v. SAUL EWING LLP No. 350 EDA 2009 2010 PA Super 190 Atlantic: n/a Filed: 10/15/2010
	Appeal from the Order Dated November 10, 2008, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. January Term, 2006 No. 4539.
Before: BOWES, OLSON, and OTT, JJ.
Opinion by: BOWES, J.
Saul Ewing LLP appeals by permission from the interlocutory order determining the “case within a case” involved in this legal malpractice action. We affirm.

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CARL J. BARRICK and BRENDA L. v. HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, individually and doing business as HOLY SPIRIT HOSPITAL,

CARL J. BARRICK and BRENDA L. v. HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY, individually and doing business as HOLY SPIRIT HOSPITAL, SODEXHO MANAGEMENT, INC., SODEXHO OPERATIONS, LLC, and LINDA J. LAWRENCE No. 1856 MDA 2009 2010 PA Super 170 Atlantic: n/a Filed: 9/16/2010
	Appeal from the Order entered October 16, 2009, in the Court of Common Pleas of Cumberland County, Civil Division, at No. 07-3604.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellants, Carl J. Barrick (Mr. Barrick) and Brenda L. Barrick, appeal from the order entered on October 16, 2009, directing the discovery and production of correspondence between counsel for Appellants and Dr. Thomas Green (Dr. Green), Mr. Barrick’s treating physician and designated expert witness at trial. Upon careful consideration, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JENNIFER ANN BARTON-MARTIN

COMMONWEALTH OF PENNSYLVANIA v. JENNIFER ANN BARTON-MARTIN No. 1080 MDA 2009 2010 PA Super 163 Atlantic: n/a Filed: 9/8/2010
	Appeal from the Judgment of Sentence entered January 26, 2009, in the Court of Common Pleas of York County, Criminal Division, at No. CP-67-CR-0000809-2008.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Jennifer Ann Barton-Martin, appeals from the judgment of sentence entered on January 26, 2009, as made final when Appellant’s post-sentence motions were deemed denied by operation of law, sentencing her for convictions on two counts of driving under the influence, 75 Pa.C.S.A. § 3802(a)(1) (general impairment) and 75 Pa.C.S.A. § 3802(c) (highest rate). Among other claims raised on appeal, Appellant challenges the admission of blood-alcohol test results offered to establish her guilt under § 3802(c) based on the recent United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009). In Melendez-Diaz, the Court held that lab reports admitted to establish a defendant’s guilt constituted testimonial statements covered by the Confrontation Clause of the United States Constitution and that such reports were inadmissible unless the defendant had the opportunity to cross-examine the lab analyst at trial.

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COMMONWEALTH OF PENNSYLVANIA v. ERIC RAUL MUNIZ

COMMONWEALTH OF PENNSYLVANIA v. ERIC RAUL MUNIZ No. 962 MDA 2009 2010 PA Super 160 Atlantic: n/a Filed: 9/3/2010
	Appeal from the Judgment of Sentence entered April 28, 2009, in the Court of Common Pleas of Lancaster County, Criminal Division, at No. CP-36-CR-0003710-2007.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Eric Raul Muniz, appeals from the judgment of sentence entered on April 28, 2009, sentencing him to incarceration for convictions of possession with intent to deliver cocaine, possession with intent to deliver marijuana, and possession of drug paraphernalia. For the following reasons, we affirm.

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GORDON G. BELL v. WILLIAM A. DEAN, III

GORDON G. BELL v. WILLIAM A. DEAN, III No. 1741 MDA 2009 2010 PA Super 151 Atlantic: n/a Filed: 8/16/2010
	Appeal from the Order entered September 22, 2009 In the Court of Common Pleas of York County, Civil Division, No. 2007-SU-4757-Y01
Before: MUSMANNO, LAZARUS, and OLSON, JJ.
Opinion by: LAZARUS, J.
Gordon Bell appeals from the order entered in the Court of Common Pleas of York County granting summary judgment in his negligence action against defendant, William Dean, III. After careful review, we conclude that the Pennsylvania Skier’s Responsibility Act (“the Act”) bars Bell’s recovery for damages for injuries sustained when Dean collided with him while the two skied and snowboarded at a recreational ski area. Accordingly, we affirm.

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AHMED TAGOUMA v. INVESTIGATIVE CONSULTANT SERVICES, INC., and MICHAEL S. ZEIGLER

AHMED TAGOUMA v. INVESTIGATIVE CONSULTANT SERVICES, INC., and MICHAEL S. ZEIGLER No. 987 MDA 2009 2010 PA Super 147 Atlantic: n/a Filed: 8/10/2010
	Appeal from the Order entered May 27, 2009, in the Court of Common Pleas of Dauphin County, Civil Division, at No. 2006-CV-1532.
Before: MUSMANNO, LAZARUS and OLSON, JJ.
Opinion by: OLSON, J.
Appellant, Ahmed Tagouma, appeals from the order entered on May 27, 2009, granting summary judgment in favor of Appellees, Investigative Consultant Services, Inc. (“ICS”) and Michael S. Zeigler (“Zeigler”) and dismissing Appellant’s cause of action for intrusion upon seclusion and abuse of process. Upon careful consideration, we affirm.

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IN THE INTEREST OF: T.B., APPEAL OF: T.B.

IN THE INTEREST OF: T.B., APPEAL OF: T.B., No. 175 EDA 2008 2010 PA Super 118 Atlantic: n/a Petition for Reargument Filed 7/22/2010 Filed: 7/8/2010
	Appeal from the Dispositional Order of June 12, 2008, in the Court of Common Pleas of Philadelphia County, Family Court Division, at No. 651-08-02, 649-08-02, Petition # 270-08-03, 653-08-02, 645-08-02.
Before: BOWES, OLSON, and FREEDBERG,* JJ.
Opinion by: BOWES, J.
This is an appeal from the dispositional order of the Court of Common Pleas of Philadelphia County entered following Appellant’s adjudication of delinquency based on his commission of acts constituting four incidents each of burglary, conspiracy, possession of an instrument of crime (“PIC”), and one instance of receiving stolen property (“RSP”). We reverse and remand.

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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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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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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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SHERRI L. MULL AND GARY C. MULL, JR. v. C.S. ICKES, JR. AND ICKES INSURANCE AGENCY, INC. t/d/b/a ICKES INSURANCE AGENCY

SHERRI L. MULL AND GARY C. MULL, JR. v. C.S. ICKES, JR. AND ICKES INSURANCE AGENCY, INC. t/d/b/a ICKES INSURANCE AGENCY No. 1472 WDA 2009 2010 PA Super 80 Atlantic: n/a Filed: 5/4/2010
	Appeal from the Order Entered August 12, 2009, In the Court of Common Pleas of Somerset County Civil Division at No(s): 1206 Civil 2007
Before: MUSMANNO, OLSON, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
This matter is before the court on Sherri L. Mull’s and Gary C. Mull, Jr.’s appeal from the trial court’s order of August 12, 2009, which granted Appellees’ motion for summary judgment. For the reasons set forth herein, we reverse and remand.

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