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. 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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AUTOCHOICE UNLIMITED, INC. v. AVANGARD AUTO FINANCE, INC. d/b/a FRIEDMAN’S FINANCIAL GROUP, LLC d/b/a AFFM, INC., FRIEDMAN’S FINANCIAL GROUP, LLC

AUTOCHOICE UNLIMITED, INC. v. AVANGARD AUTO FINANCE, INC. d/b/a FRIEDMAN’S FINANCIAL GROUP, LLC d/b/a AFFM, INC., FRIEDMAN’S FINANCIAL GROUP, LLC AND AFFM, INC. No. 790 EDA 2010 2010 PA Super 221 Atlantic: n/a Filed: 12/1/2010
	Appeal from the Order entered February 4, 2010 in the Court of Common Pleas of Philadelphia County Civil Division at No(s): December Term, 2008 No. 2387
Before: STEVENS, DONOHUE, and MUNDY, JJ.
Opinion by: MUNDY, J.
Appellant, Autochoice Unlimited, Inc., appeals from an order entered February 4, 2010, sustaining in part Appellees’ preliminary objections and dismissing Appellant’s complaint without prejudice. Specifically, the trial court sustained Appellees’ objection to forum in Philadelphia on the basis of a forum selection clause contained in a contract between Appellant and Appellee Avangard Auto Finance, Inc. (Avangard), designating Broward County, Florida, as sole venue to resolve disputes. Because we discern no error or abuse of discretion by the trial court, 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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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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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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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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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. DARRYL BURTON

COMMONWEALTH OF PENNSYLVANIA v. DARRYL BURTON No. 1536 EDA 2008 2010 PA Super 138 Atlantic: n/a Filed: 8/3/2010
	Appeal from the Judgment of Sentence May 22, 2008, Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-0010214-2007
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: DONOHUE, J.
Darryl Burton appeals from the judgment of sentence of three to six years imprisonment followed by four years probation that was imposed after he was found guilty of aggravated assault, simple assault, and reckless endangerment at a nonjury trial. Appellant assails the sufficiency of the evidence supporting his conviction of aggravated assault. We affirm.

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PATSY LANCE, Administratrix for the Etate of CATHERINE RUTH LANCE v. WYETH, f/k/a, AMERICAN HOME PRODUCTS CORPORATION

PATSY LANCE, Administratrix for the Etate of CATHERINE RUTH LANCE v. WYETH, f/k/a, AMERICAN HOME PRODUCTS CORPORATION No. 2905 EDA 2008 2010 PA Super 137 Atlantic: n/a Filed: 8/2/2010
	Appeal from the Judgment entered September 19, 2008, Court of Common Pleas, Philadelphia County, Civil, at No. 926, November Term 2006
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Plaintiff, Patsy Lance (“Appellant”), Administratrix for the Estate of Catherine Ruth Lance (“Lance”), appeals from the trial court’s order granting summary judgment in favor of Wyeth, formerly known as American Home Products Corporation (“Wyeth”). We affirm in part and reverse in part.

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COMMONWEALTH OF PENNSYLVANIA v. KAARA TICKEL

COMMONWEALTH OF PENNSYLVANIA v. KAARA TICKEL No. 3476 EDA 2009 2010 PA Super 135 Atlantic: n/a Filed: 8/2/2010
	Appeal from the Judgment of Sentence October 28, 2009 In the Court of Common Pleas of Delaware Couny Criminal Division at No(s): CP-23-CR-0000369-2009
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Delaware County Court of Common Pleas after Appellant Kaara Tickel was convicted of driving under the influence of alcohol or a controlled substance, driving on roadways laned for traffic, a stop sign violation, and careless driving. Appellant claims the trial court erred in denying her motion to dismiss pursuant to Pa.R.Crim.P. 600. We affirm.

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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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NANCY COCHRAN v. WYETH, INC

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NANCY COCHRAN v. WYETH, INC No. 2838 EDA 2008 2010 PA Super 131 Atlantic: n/a Filed: 7/27/2010
	Appeal from the Order entered September 4, 2008, Court of Common Pleas, Philadelphia County, Civil, at No. 000275, August Term 2004
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
In this failure to warn case, we are asked to decide whether a plaintiff can prove proximate causation where a drug manufacturer’s warning disclosed a risk of injury, the plaintiff sustained that very injury, but the manufacturer failed to disclose another risk of injury which the plaintiff did not sustain. We hold that in these circumstances, a plaintiff cannot prove proximate causation because the non-disclosed risk did not materialize in physical injury.

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COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MASTROMARINO

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MASTROMARINO No. 3443 EDA 2008 2010 PA Super 128 Atlantic: n/a Filed: 7/21/2010
	Appeal from the Judgment of Sentence October 22, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0012750-2007
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following Appellant Michael Mastromarino’s guilty plea to numerous charges in connection with his participation in the sale of human body parts from 244 corpses. On appeal, Mastromarino presents challenges to the discretionary aspects of his sentence. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER

COMMONWEALTH OF PENNSYLVANIA v. WENDY COLLEEN KNELLER No. 1016 EDA 2007 2010 PA Super 122 Atlantic: n/a Filed: 7/14/2010
	Appeal from the Judgment of Sentence October 23, 2006 In the Court of Common Pleas of Carbon County Criminal at No(s): CP-13-CR-0000267-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Concurring Opinion by: CLELAND, J.
Judgment of Sentence Affirmed.

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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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COMMONWEALTH OF PENNSYLVANIA v. SIMEON BOZIC

COMMONWEALTH OF PENNSYLVANIA v. SIMEON BOZIC No. 269 EDA 2010 2010 PA Super 114 Atlantic: n/a Filed: 6/24/2010
	Appeal from the Judgment of Sentence March 13, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0107651-2005
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
Appellant, Simeon Bozic, appeals from the judgment of sentence of life imprisonment without parole entered in the Court of Common Pleas of Philadelphia County, after a jury rejected his duress defense and convicted him of first-degree murder and related offenses for his role in beating and stabbing the twenty-one year old girlfriend of his co-defendant. He claims the trial court abused its discretion in dismissing his weight of the evidence claim, in denying his requests for a mistrial or continuance when a purportedly key defense witness—co-defendant’s wife—avoided a subpoena and failed to appear in court, in overruling his objection to the prosecutor’s closing remarks, and in denying a presentence motion for extraordinary relief and post sentence motion for reconsideration, each asking for a new trial when the co-defendant’s wife was located after trial.

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COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON

COMMONWEALTH OF PENNSYLVANIA v. DEIYO DIXON No. 574 EDA 2007 2010 PA Super 109 Atlantic: n/a Filed: 6/15/2010
	Appeal from the Judgment of Sentence February 1, 2007 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0303761-2006
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG and CLELAND, JJ.
Opinion by: STEVENS, J.
Deiyo Dixon appeals from the judgment of sentence imposed by the Court of Common Pleas of Philadelphia County. We have granted en banc review to address suppression and sentencing issues raised by Dixon. Following careful examination of the record before us, as well as pertinent case and statutory law, we find no error on the part of the lower court, and affirm the judgment of sentence.

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TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS

TREVDAN BUILDING SUPPLY v. TOLL BROTHERS, INC. T/D/B/A TOLL BROS., INC., TOLL PA IV LP, TOLL PA VI LP, AND ITS RELATED ENTITIES, MEMBERS, PARTNERS, AND SUBSIDIARIES,GULF COAST BANK AND TRUST COMPANY D/B/A GULF COAST BUSINESS CREDIT v. TOLL BROTHERS, INC. No. 404 EDA 2009 2010 PA Super 100 Atlantic: n/a Filed: 5/28/2010
	Appeal from the Order Entered January 14, 2009, In the Court of Common Pleas of Montgomery County, Civil Division, at No(s): 05-24499.
Before: STEVENS and BOWES, JJ., and McEWEN, P.J.E.
Opinion by: BOWES, J.
Trevdan Building Supply (“Trevdan”) appeals from the order granting the counter-petition for payment in an interpleader proceeding filed by Gulf Coast Bank and Trust Company d/b/a Gulf Coast Business Credit (“Gulf Coast”). That same order divided the interpleaded funds totaling $118,934.00 as follows: Gulf Coast was awarded $89,194.00; Toll Brothers, Inc. (“Toll Brothers”) received $15,000.00 for attorneys’ fees; and Trevdan was granted the remaining $14,740.00. We reverse and remand with directions. We also deny Gulf Coast’s motion for sanctions.

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