COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON

COMMONWEALTH OF PENNSYLVANIA v. DAVID A. WILSON No. 2724 EDA 2008 2010 PA Super 233 Atlantic: n/a Filed: 12/15/2010
	Appeal from the Judgment of Sentence of August 18, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division, No. CP-51-CR-0010866-2007
Before: FORD ELLIOTT, P.J., and STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS and MUNDY, JJ.
Opinion by: PANELLA, J.
Concurring Statement by: FORD ELLIOT, P.J.
Dissenting Opinion by: LAZARUS, J.
This is an appeal from an order of the Philadelphia Gun Court which authorized random, warrantless searches as a condition of probation and parole for Appellant, David A. Wilson. Wilson raises a number of challenges to this condition, imposed by the Honorable Susan I. Shulman, on August 18, 2008, in the Court of Common Pleas of Philadelphia County. After careful review, we affirm the condition as it applies to the probationary sentence, but are required to vacate with respect to the state parole aspect of the sentence.

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IN RE: R.G. APPEAL OF: R.G.

IN RE: R.G. APPEAL OF: R.G. No. 394 EDA 2010 2010 PA Super 228 Atlantic: n/a Filed: 12/10/2010
	Appeal from the Order Entered January 5, 2010, Court of Common Pleas, Chester County, Criminal Division, at No. 120 PMT 1978.
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, R.G., appeals from the order denying his request to have 50 P.S. §§ 7301(b)(1) and 7304 of the Mental Health Procedures Act (“MHPA”), 50 P.S. § 7101 et seq., declared unconstitutional. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. GARY JAMAL JOHNSON No. 2079 MDA 2009 2010 PA Super 225 Atlantic: n/a Filed: 12/7/2010
	Appeal from the Order entered November 12, 2009 In the Court of Common Pleas of Luzerne County Criminal Division at No(s): CP-40-CR-0001947-2009
Before: PANELLA, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: PANELLA, J.
The Commonwealth appeals from the order entered on November 12, 2009, by the Honorable Michael T. Toole, Court of Common Pleas of Luzerne County, which granted the motion of Appellee, Gary Jamal Johnson, to dismiss the Criminal Information docketed at No. 1947 of 2009. After careful review, we are compelled to reverse.

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COMMONWEALTH OF PENNSYLVANIA v. NICHOLAS RUFFIN

COMMONWEALTH OF PENNSYLVANIA v. NICHOLAS RUFFIN No. 2198 EDA 2009 2010 PA Super 220 Atlantic: n/a Filed: 12/1/2010
	Appeal from the Judgment of Sentence June 25, 2009 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CR-0000080-09, CP-09-CR-0002124-2009
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Nicholas Ruffin, appeals the judgment of sentence entered on June 25, 2009, by the Honorable Rea Behney Boylan, Court of Common Pleas of Bucks County. After careful review, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM

COMMONWEALTH OF PENNSYLVANIA v. GEORGE M. DURHAM No. 422 WDA 2010 2010 PA Super 216 Atlantic: n/a Filed: 11/23/2010
	Appeal from the Order Entered January 22, 2010, Court of Common Pleas, Beaver County, Criminal Division, at No. CP-04-CR-0001860-2007.
Before: PANELLA, SHOGAN and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellant, George M. Durham, appeals from the order denying his pro se motion for return of property. We affirm.

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HARRY D. SHOWALTER AND CHRISTINE SHOWALTER v. JOHN N. PANTALEO

HARRY D. SHOWALTER AND CHRISTINE SHOWALTER v. JOHN N. PANTALEO No. 331 WDA 2010 2010 PA Super 212 Atlantic: n/a Filed: 11/18/2010
	Appeal from the Judgment Entered February 3, 2010, Court of Common Pleas, Beaver County, Civil Division, at No. 11074 of 2008.
Before: PANELLA, SHOGAN and CLELAND, JJ.
Opinion by: SHOGAN, J.
Appellants, Harry D. Showalter and Christine Showalter, appeal from the judgment entered in favor of Appellee, John N. Pantaleo, on February 3, 2010, following the trial court’s determination that a landowner’s bankruptcy defeated Appellants’ claim of adverse possession. For the reasons that follow, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR.

COMMONWEALTH OF PENNSYLVANIA v. ROSS RHOADES JR. No. 156 EDA 2010 2010 PA Super 204 Atlantic: n/a Filed: 11/12/2010
	Appeal from the Judgment of Sentence entered October 5, 2009 In the Court of Common Pleas of Montgomery County Criminal at No(s): CR-0000048-08; CP-46-CR-0002575-2008
Before: MUSMANNO, PANELLA and SHOGAN, JJ.
Opinion by: PANELLA, J.
Appellant, Ross Rhoades, appeals from the judgment of sentence entered on October 5, 2009, by the Honorable Paul W. Tressler, Court of Common Pleas of Montgomery County. After careful review, we affirm.

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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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COMMONWEALTH OF PENNSYLVANIA v. JAMES MONROE BALDWIN

COMMONWEALTH OF PENNSYLVANIA v. JAMES MONROE BALDWIN No. 1897 WDA 2008 2010 PA Super 201 Atlantic: n/a Filed: 11/8/2010
	Appeal from the Judgment of Sentence Entered May 14, 2008, Court of Common Pleas, Allegheny County, Criminal Division, at No. CP-02-CR-0001671-2006.
Before: PANELLA, SHOGAN and COLVILLE, JJ.
Opinion by: SHOGAN, J.
Concurring Opinion by: COLVILLE, J.
Appellant, James Monroe Baldwin, appeals from his judgment of sentence of life without parole and consecutive sentence of one to two years entered following his jury convictions of first degree murder and abuse of a corpse. On appeal, Appellant challenges the trial court’s denial of his request to testify on his own behalf after he had waived his right to testify the previous day and after the evidentiary phase of the case was closed. Because we hold that the trial court did not abuse its discretion in refusing to reopen the case for submission of this additional testimony, we affirm.

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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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COMMONWEALTH OF PENNSYLVANIA v. JAMES HOWARD NEIMAN, JR.

COMMONWEALTH OF PENNSYLVANIA v. JAMES HOWARD NEIMAN, JR. No. 1747 MDA 2007 2010 PA Super 162 Atlantic: n/a Filed: 9/8/2010
	Appeal from the Judgment of Sentence, September 27, 2007, in the Court of Common Pleas of Schuylkill County Criminal Division at No. CP-54-CR-0001870-2005, CP-54-CR-0001871-2005
Before: FORD ELLIOTT, P.J., STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS, AND MUNDY, JJ.
Opinion by: FORD ELLIOT, P.J.
Concurring and Dissenting Opinion by: DONOHUE, J.
Appellant, James Howard Neiman, Jr., challenges the judgment of sentence entered following his convictions for numerous sexual offenses against two child victims. We affirm the judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT

COMMONWEALTH OF PENNSYLVANIA v. LESLIE DENIER MOLLETT No. 170 WDA 2008 2010 PA Super 153 Atlantic: n/a Filed: 8/17/2010
	Appeal from the Judgment of Sentence of December 20, 2007, in the Court of Common Pleas of Allegheny County, Criminal Division, at No: CP-02-CR-0000254-2006
Before: BOWES, GANTMAN, and PANELLA, JJ.
Opinion by: BOWES, J.
Leslie Denier Mollett appeals from the judgment of sentence of life imprisonment and a consecutive term of incarceration of thirteen to twenty-six years imposed after a jury convicted him of first degree murder, carrying a firearm without a license, disarming a law enforcement officer, fleeing or attempting to elude a police officer, resisting arrest, and persons not to possess a firearm. After careful review, we affirm.

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IN RE: ESTATE OF CHARLES F. CELLA, DECEASED APPEAL OF: AUDREY C. LOCKE

IN RE: ESTATE OF CHARLES F. CELLA, DECEASED APPEAL OF: AUDREY C. LOCKE No. 1479 WDA 2008 2010 PA Super 146 Atlantic: n/a Filed: 8/10/2010
	Appeal from the Order August 6, 2008 In the Court of Common Pleas of Allegheny County Orphans’ Court, No. 2317 of 2005
Before: GANTMAN, PANELLA, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Appellant, Audrey C. Locke, appeals from the order entered in the Allegheny County Court of Common Pleas, Orphans’ court, which directed the funds in three (3) joint bank accounts to be included in the estate of Charles F. Cella (“Decedent”) and distributed in accordance with his last will and testament. Appellant asks us to determine whether she is the owner of the subject accounts by means of her statutory right of survivorship pursuant to the Multiple Party Account Act at 20 Pa.C.S.A. §§ 6301-6306 (“MPAA”). For the following reasons, we hold the record does not support the court’s decision to override the MPAA, where Appellee, Reba Cella-Renk, failed to prove by clear and convincing evidence that Decedent had an intent contrary to Appellant’s right of survivorship when he created the joint accounts. Accordingly, we reverse and remand this case to the Orphans’ court for treatment of the accounts at issue consistent with this opinion.

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COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL

COMMONWEALTH OF PENNSYLVANIA v. JAMES WAUGHTEL No. 1268 MDA 2009 2010 PA Super 125 Atlantic: n/a Filed: 7/16/2010
	Appeal from the Order Dated June 30, 2009 In the Court of Common Pleas of York County Criminal Division at Nos. CP-67-CR-0001881-2001
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
James Waughtel (Appellant) appeals from the order, dated June 30, 2009, denying his request to expunge charges from his record. Appellant claims that the balancing test set forth in Commonwealth v. Wexler, 431 A.2d 877 (Pa. 1981), applies to the circumstances here and that because the Commonwealth failed to present any justification for retaining Appellant’s record, the trial court erred in denying his expungement petition. For the reasons stated below, we affirm.

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J.M.R. v. J.M.

J.M.R. v. J.M. No. 1745 MDA 2009 2010 PA Super 120 Atlantic: n/a Filed: 7/9/2010
	Appeal from the Order Entered September 8, 2009 In the Court of Common Pleas of York County Civil Division at No. 2009-FC-473-03
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
J.M. (“Father”) appeals from the trial court’s order entered September 8, 2009, granting J.M.R. (“Mother”) primary physical custody of the parties’ minor child, R.A.M. (d.o.b. 8/4/04) (“Child”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP

COMMONWEALTH OF PENNSYLVANIA v. SEAN EUGENE TAPP No. 1507 MDA 2009 2010 PA Super 111 Atlantic: n/a Filed: 6/18/2010
	Appeal from the Judgment of Sentence entered July 24, 2009 In the Court of Common Pleas of Lancaster County Criminal Division at No. CP-36-CR-0000081-2007
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
Sean Eugene Tapp appeals the judgment of sentence imposed following his conviction on retrial of Possession With Intent to Deliver, 35 P.S. § 780-113(a)(30). The sentencing judge imposed a term of incarceration double that imposed after the first trial, consigning Tapp to the statutory maximum sentence of ten to twenty years. Tapp now contends that the sentence imposed was presumptively vindictive pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), and argues that the trial court failed to provide an adequate explanation for the sentence imposed, thus violating the holding in Pearce. We find Tapp’s contention without merit. Accordingly, we affirm his judgment of sentence.

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COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART

COMMONWEALTH OF PENNSYLVANIA v. RICHARD TAGGART No. 548 EDA 2008 2010 PA Super 110 Atlantic: n/a Filed: 6/17/2010
	Appeal from the Judgment of Sentence January 11, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-1206051-2005
Before: FORD ELLIOTT, P.J., PANELLA and DONOHUE, JJ.
Opinion by: DONOHUE, J.
Appellant, Richard Taggart (“Taggart”) appeals from the trial court’s January 11, 2008 judgment of sentence. The trial court imposed an aggregate six to 12 years of incarceration followed by 5 years of probation for persons not to carry firearms, carrying a firearm without a license, carrying a firearm on public streets in Philadelphia, and carrying a firearm with an obliterated serial number. We affirm in part, vacate in part, and remand.

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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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JEFFREY T. PETOW, I. WISTAR MORRIS, III, MARTHA H. MORRIS, WILLIAM M. DAVISON, IV, PAUL SPEARS, ELIZABETH W. STICK, J. WILLIAM WAREHIME, JEFFREY HERR

JEFFREY T. PETOW, I. WISTAR MORRIS, III, MARTHA H. MORRIS, WILLIAM M. DAVISON, IV, PAUL SPEARS, ELIZABETH W. STICK, J. WILLIAM WAREHIME, JEFFREY HERR, AS CUSTODIAN FOR HIS DAUGHTER, JULIE HERR, WAREHIME ENTERPRISES, STEPHEN PORT, NORMAN S. WILDASIN, HOWARD C. PIZER, REUEL H. ZINN AND EVELYN H. ZINN : v. : : JOHN A. WAREHIME, CLAYTON J. : ROHRBACK, JR., JAMES G. STURGILL, : ARTHUR S. SCHAIER, T. EDWARD : LIPPY, THE ESTATE OF GEORGE E. : LAWRENCE, DECEASED AND CYRIL : NOEL : : v. : : HANOVER FOOD CORPORATION : : APPEAL OF: JEFFREY T. PETOW No. 1180 MDA 2009 2010 PA Super 95 Atlantic: n/a Filed: 5/25/2010
	Appeal from the Order Entered June 24, 2009 In the Court of Common Pleas of York County Civil Division at No. 1996 SU 04275-2007
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
Jeffrey T. Petow, I. Wistar Morris, III, Martha H. Morris, William H. Davidson, IV, Paul Spears, Elizabeth W. Stick, J. William Warehime, Jeffrey Herr, as custodian for his daughter, Julie Herr, Warehime Enterprises, Stephen Port, Norman S. Wildasin, Howard C. Pizer, Reuel H. Zinn and Evelyn H. Zinn (collectively “Petow”) appeal from the order entered June 24, 2009, denying Petow’s petition for attorney fees in his suit against John A. Warehime, Clayton J. Rohrback, Jr., James G. Sturgill, Arthur S. Schaier, T. Edward Lippy, the Estate of George E. Lawrence, deceased and Cyril Noel (collectively “Defendants”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER LE ATANASIO

COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER LE ATANASIO No. 819 MDA 2009 2010 PA Super 94 Atlantic: n/a Filed: 5/24/2010
	Appeal from the Judgment of Sentence entered March 10, 2009 In the Court of Common Pleas of Snyder County Criminal at No(s): CP-55-CR-0000190-2008
Before: BENDER, PANELLA, and LAZARUS, JJ.
Opinion by: PANELLA, J.
Appellant, Christopher Le Atanasio, appeals from the judgment of sentence entered on March 10, 2009, in the Court of Common Pleas, Snyder County. After careful review, we vacate the trial court’s order of restitution and remand.

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