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. KEVIN MICHAEL JACKSON

COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON No. 274 and 337 WDA 2010 2010 PA Super 226 Atlantic: n/a Filed: 12/8/2010
	Appeal from the Order January 19, 2010, Court of Common Pleas, Erie County, Criminal Division at Nos. CR-0000011-09 - CP-25-CR-0000622-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
This is an appeal from an order finding that the attachment of double jeopardy prohibited the criminal prosecution of Kevin Michael Jackson (“Jackson”) for certain offenses which had previously served as the basis for a finding of indirect criminal contempt of an order granted under the Protection from Abuse Act (“PFA order”). Following our review, we affirm in part, reverse in part, and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD

COMMONWEALTH OF PENNSYLVANIA v. ABDIRISAK MOHAMUD No. 259 WDA 2010 2010 PA Super 224 Atlantic: n/a Filed: 12/6/2010
	Appeal from the Judgment of Sentence January 14, 2010, Court of Common Pleas, Butler County, Criminal Division at Nos. CR-0000117-09 - CP-10-CR-0000930-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Appellant, Abdirisak Mohamud (“Mohamud”), appeals from the trial court’s January 14, 2010 sentence imposing 246 to 492 days of imprisonment, followed by two years of probation for possession with intent to deliver a controlled substance. Mohamud challenges Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (“the Act”), 35 P.S. § 780-101 - § 780-141, as violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution for lack of fair warning of the proscribed conduct for which he was convicted. After careful analysis, we affirm the judgment of sentence.

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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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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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COMMONWEALTH OF PENNSYLVANIA v. TARVUS GAINER

COMMONWEALTH OF PENNSYLVANIA v. TARVUS GAINER No. 1610 WDA 2009 2010 PA Super 189 Atlantic: n/a Filed: 10/13/2010
	Appeal from the Judgment of Sentence July 22, 2009 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-0008058-08, CP-02-CR-0016563-2008
Before: STEVENS, DONOHUE, and OTT, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following Appellant’s conviction on the charges of carrying a firearm without a license, 18 Pa.C.S.A. § 6106, and possession of a firearm with an altered manufacturer’s number, 18 Pa.C.S.A. § 6110.2. Appellant’s sole contention is that the evidence was insufficient to sustain his conviction for carrying a firearm without a license under Section 6106 since the Commonwealth failed to prove the firearm was “operable.”

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DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.)

DUANE REOTT AND PATTY REOTT, Husband and Wife v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-IN-INTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC and THE SPORTSMAN’S GUIDE No. 2, 109, 112 and 113 WDA 2010 2010 PA Super 176 Atlantic: n/a Filed: 9/21/2010
	Appeal from the Order entered December 14, 2009, Court of Common Pleas, Butler County, Civil Division at No. AD 06-11440
Before: STEVENS, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
Duane Reott (“Mr. Reott”) and Patty Reott (“Mrs. Reott”) (collectively, “the Reotts”) appeal from the order entered on December 14, 2009, denying their motion for post-trial relief filed following a jury verdict in favor of the defendants, Asia Trend, Inc., Remington Arms Company and RA Brands, and The Sportsman’s Guide (collectively, “Appellees”). After careful review, we reverse and remand for a new trial limited to damages.

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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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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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COMMONWEALTH OF PENNSYLVANIA v. ANTHONY BERNARDLY JONES

COMMONWEALTH OF PENNSYLVANIA v. ANTHONY BERNARDLY JONES No. 1916 WDA 2009 2010 PA Super 140 Atlantic: n/a Filed: 8/4/2010
	Appeal from the PCRA Order July 24, 2009 In the Court of Common Pleas of Northampton County Criminal Division at Nos. CR-0000287-02 and CP-48-CR-0003796-2002
Before: OTT, J., McEWEN, P.J.E., AND CLELAND*, J.
Opinion by: CLELAND, J.
Appellant, Anthony Bernardly Jones (Jones), appeals the order of the Court of Common Pleas of Northampton County denying his petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-46 (PCRA). Jones argues the sentencing court erred in not merging two sentences imposed as result of two convictions for violating 18 Pa.C.S.A. § 6105. Because the doctrine of merger is not implicated here, 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. WILLIAM THOMPSON

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM THOMPSON No. 1654 EDA 2009 2010 PA Super 126 Atlantic: n/a Filed: 7/16/2010
	Appeal from the Order entered May 29, 2009 In the Court of Common Pleas of Philadelphia County Criminal Division at No. MC-51-CR-0015272-2008
Before: OTT, J., McEWEN, P.J.E., AND CLELAND, J.
Opinion by: CLELAND, J.
Appellant, William Thompson (Thompson), appeals the order of the Court of Common Pleas of Philadelphia County entered on May 29, 2009 denying Thompson’s Writ of Certiorari wherein he argued the Municipal Court of Philadelphia erred in failing to suppress evidence against him. Specifically, Thompson argues the police did not have the authority to conduct an inventory search of an immobilized vehicle. We disagree and affirm.

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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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DANIEL F. ROSS v. FOREMOST INSURANCE COMPANY, SENTRY SERVICES, INC.

DANIEL F. ROSS v. FOREMOST INSURANCE COMPANY, SENTRY SERVICES, INC. No. 529 WDA 2009 2010 PA Super 107 Atlantic: n/a Filed: 6/11/2010
	Appeal from the Order Entered February 23, 2009, In the Court of Common Pleas of Allegheny County, Civil Division at No(s). GD 05-001848
Before: BENDER, PANELLA and OTT, JJ.
Opinion by: OTT, J.
Daniel F. Ross appeals from the order entered on February 23, 2009 granting a motion for summary judgment filed by Sentry Services, Inc. (“Sentry”) and dismissing his complaint. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM

COMMONWEALTH OF PENNSYLVANIA v. JOSEPH ABRAHAM No. 1158 WDA 2009 2010 PA Super 104 Atlantic: n/a Filed: 6/8/2010
	Appeal from the PCRA Order June 22, 2009, In the Court of Common Pleas of Allegheny County, Criminal Division at No(s): CR-0002990-08 CP-02-CR-0005423-2008
Before: BOWES, J., OTT, J. and McEWEN, P.J.E.
Opinion by: OTT, J.
Joseph Abraham appeals from the order denying his petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq. In his petition, Abraham claimed his trial counsel was ineffective for failing to inform him a guilty plea to indecent assault would result in the loss of his vested pension rights, see 43 P.S. § 1311 et seq, thereby rendering his guilty plea unknowing and involuntary. The PCRA Court dismissed his petition without a hearing pursuant to Pa.R.Crim.P. 907. After a thorough review of the official record, submissions by the parties, and relevant law, we reverse and remand for a hearing.

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YVONNE CATROPPA v. AMANDA CARLTON

YVONNE CATROPPA v. AMANDA CARLTON No. 404 WDA 2009 2010 PA Super 85 Atlantic: n/a Filed: 5/14/2010
	Appeal from the Judgment February 23, 2009 In the Court of Common Pleas of Beaver County Civil Division at No. 11380 of 2006
Before: BENDER, PANELLA and OTT, JJ.
Opinion by: BENDER, J.
Amanda Carlton (Appellant) appeals from judgment entered in favor of Yvonne Catroppa (Appellee) following the trial court’s grant of Appellee’s motion for summary judgment in her personal injury action against Appellant arising from a car accident involving the parties. Appellant claims that the trial court erred in determining that Appellee was entitled to summary judgment on the basis that Appellant was collaterally estopped from disputing the amount of Appellee’s damages, which had been established at a prior arbitration proceeding. For the reasons that follow, we reverse and remand.

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BRUCE AND MARY ANN MONTAGAZZI, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW MONTAGAZZI, A MINOR v. NICHOLAS CRISCI, A MINOR,

BRUCE AND MARY ANN MONTAGAZZI, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW MONTAGAZZI, A MINOR v. NICHOLAS CRISCI, A MINOR, BY AND THROUGH JENNIFER CRISCI, HIS GUARDIAN AD LITEM; BRYAN BACHMAN, A MINOR; RYAN DERBAUM, A MINOR, BY AND THROUGH SHELLY DERBAUM, HIS GUARDIAN AD LITEM; AND JIMMY JOE PRATTE, A MINOR BY AND THROUGH JAMES PRATTE, HIS GUARDIAN AD LITEM No. 1055 WDA 2009 2010 PA Super 78 Atlantic: n/a Filed: 4/30/2010
	Appeal from the Order Entered May 29, 2009 In the Court of Common Pleas of Beaver County Civil Division at No. 11367-2007
Before: BENDER, PANELLA and OTT, JJ.
Opinion by: BENDER, J.
Bruce and Mary Ann Montagazzi, Individually and as the Parents and Natural Guardians of Matthew Montagazzi, a Minor, appeal the trial court’s order granting summary judgment in favor of all defendants on claims that they were negligent in failing to warn or prevent Matthew Montagazzi from lighting the fuse of an improvised explosive device that he and the minor defendants created. Detonation of the device amputated portions of several fingers on Matthew’s right hand. The trial court concluded that the minor defendants owed Matthew no duty and, in the alternative, found that Matthew had assumed the risk of injury as a matter of law. We concur in the trial court’s assessment and, accordingly, we affirm the entry of summary judgment in favor of all defendants.

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