Superior Court - R.W.E. v. A.B.K. and M.K.

R.W.E. v. A.B.K. and M.K. No. 35 EDA 2007 2008 PA Super 253 Atlantic: 961 A.2d 161 Filed: 10/24/2008
	Appeal from the Order entered December 5, 2006, Court of Common Pleas, Philadelphia County, Family Division at No. 0C05-02282
Before: FORD ELLIOTT, P.J., MUSMANNO, LALLY-GREEN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: DONOHUE, J.
R.W.E. (“Robert”) appeals from the order entered on December 5, 2006 in the Philadelphia County Court of Common Pleas. That order vacated an acknowledgment of paternity executed by Robert and A.B.K. (“Mother”) based upon a finding of fraud, and adjudicated M.K (“Father”) the biological father of J.R.K. (“Child”). Robert raises six issues on appeal. Upon careful review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER

COMMONWEALTH OF PENNSYLVANIA v. OLIVER FOSTER No. 3450 EDA 2006 2008 PA Super 252 Atlantic: 960 A.2d 160 Filed: 10/22/2008
	Appeal from the Judgment of Sentence of November 30, 2006 in the Court of Common Pleas of Philadelphia County Criminal Division, at No. CP-51-CR-0109521-2006.
Before: BOWES, SHOGAN and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring Statement by: FITZGERALD, J.
Dissenting Opinion by: SHOGAN, J.
Oliver Foster appeals from the November 30, 2006 judgment of sentence of five to ten years imprisonment that was imposed after he was convicted of robbery. We conclude that Appellant, as an unarmed co-conspirator in an armed robbery, was improperly sentenced pursuant to 42 Pa.C.S. § 9712(a). We therefore vacate the judgment of sentence and remand for re-sentencing.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CLAY WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. CLAY WILLIAMS No. 3458 EDA 2006 2008 PA Super 250 Atlantic: 959 A.2d 1252 Filed: 10/22/2008
	Appeal from the Judgment of Sentence December 5, 2006 In the Court of Common Pleas of Philadelphia County Criminal at No(s): CP-51-CR-0505851-2005
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
The instant matter is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County on December 5, 2006, at which time the trial court sentenced Appellant Clay Williams (hereinafter “Appellant”) to life in prison. Appellant also has filed with this Court a Petition for Remand to Trial Court to Develop Record. Upon our review, we deny Appellant’s petition, affirm his judgment of sentence, and dismiss his ineffectiveness of counsel claims without prejudice to raise them on collateral review.

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Superior Court - TONI J. STAUB v. BRIAN L. STAUB

TONI J. STAUB v. BRIAN L. STAUB No. 1636 MDA 2007 2008 PA Super 251 Atlantic: 960 A.2d 848 Filed: 10/21/2008
	Appeal from the Order Entered August 24, 2007, Court of Common Pleas, York County, Domestic Relations Division, at No. 2006-CU-2123-Y03.
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Appellant (“Father”), Brian L. Staub, appeals from the order denying his petition for special relief brought pursuant to Pa.R.C.P. 1915.13. Therein, Father requested that the trial court prevent continued home schooling of the parties’ minor children by Appellee (“Mother”), Toni J. Staub. On appeal, Father asks us, inter alia, to adopt a clear but narrow rule that requires children to attend public schools when parents who share legal custody cannot agree on home schooling versus public schooling. We decline to adopt such a rule or presumption. To the contrary, we hold that the well-established best interests standard, applied on a case by case basis, governs a court’s decision regarding public schooling versus home schooling. Utilizing this standard, we affirm the trial court’s order.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. STEVEN ANDERSON

COMMONWEALTH OF PENNSYLVANIA v. STEVEN ANDERSON No. 3422 EDA 2006 2008 PA Super 247 Atlantic: 959 A.2d 1248 Filed: 10/20/2008
	Appeal from the Judgment of Sentence of November 10, 2006 in the Court of Common Pleas of Philadelphia County, Criminal, No. 0503-0333
Before: KLEIN, TAMILIA and HUDOCK, JJ.
Opinion by: KLEIN, J.
Steven Anderson appeals the trial court’s decision to deny his motion to dismiss pursuant to Pennsylvania Rule of Criminal Procedure 600 in which he claimed the Commonwealth did not use due diligence in bringing his case to trial under the rule. After a thorough review of the record, we affirm.

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Superior Court - DENISE COOPER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF HAROLD S. COOPER, DECEASED v. FRANKFORD HEALTH CARE SYSTEM, INC.,

DENISE COOPER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF HAROLD S. COOPER, DECEASED v. FRANKFORD HEALTH CARE SYSTEM, INC., INDIVIDUALLY AND/OR DOING BUSINESS AS THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA AND/OR DOING BUSINESS AS FRANKFORD HOSPITAL- TORRESDALE AND THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA, INDIVIDUALLY AND/OR DOING BUSINESS AS FRANKFORD HOSPITAL-TORRESDALE AND FRANKFORD HOSPITAL-TORRESDALE AND CLIFTON HALL, M.D. No. 2755 EDA 2007 2008 PA Super 248 Atlantic: 960 A.2d 134 Filed: 10/20/2008
	Appeal from the Order Entered September 12, 2007 In the Court of Common Pleas of Philadelphia County Civil Division at No.: December Term, 2006 No. 000170
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Denise Cooper (“Mrs. Cooper”), individually and as administratrix of the estate of her spouse, Harold S. Cooper, M.D., deceased (“Dr. Cooper”), (collectively, “Plaintiff”), appeals from the September 12, 2007 order that sustained the preliminary objections in the nature of a demurrer of the defendants, Frankford Health Care System, Inc., The Frankford Hospital of the City of Philadelphia, Frankford Hospital – Torresdale, (collectively, “Hospital”), and Clifton Hall, M.D. (“Dr. Hall”), (collectively, “Defendants”), resulting in the dismissal of Plaintiff’s wrongful death complaint. The trial court determined that Plaintiff did not plead sufficient facts in her complaint to establish that the defendants owed a duty to protect the decedent, Dr. Cooper, from suicide. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA, (Appellant at 1966) v. THOMAS J. ROSE (Appellant at 395)

COMMONWEALTH OF PENNSYLVANIA, (Appellant at 1966) v. THOMAS J. ROSE (Appellant at 395) No. 395 & 1966 WDA 2007 2008 PA Super 249 Atlantic: 960 A.2d 149 Filed: 10/20/2008
	Appeal from the Judgment of Sentence entered on January 24, 2007, in the Court of Common Pleas of Westmoreland County, Criminal Division, at No(s). 4279 CR 2005
Before: LALLY-GREEN, KLEIN, AND POPOVICH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant Thomas J. Rose appeals from the judgment of sentence entered on January 27, 2007. The Commonwealth has filed a cross-appeal. We conclude that Rose’s appeal lacks merit and that the Commonwealth’s cross-appeal is meritorious. Thus, we affirm in part and remand for further proceedings.

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Superior Courts - GIANT FOOD STORES, LLC v. THF SILVER SPRING DEVELOPMENT, L.P.,

GIANT FOOD STORES, LLC v. THF SILVER SPRING DEVELOPMENT, L.P., No. 1476 MDA 2007 2008 PA Super 245 Atlantic: 959 A.2d 438 Filed: 10/17/2008
	Appeal from the Order Entered August 3, 2007, Court of Common Pleas, Cumberland County, Civil Division, at No. 2006-03688
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Appellant, THF Silver Spring Development, L.P., the owner of a shopping center, appeals from the order that granted summary judgment in favor of Appellee, Giant Food Stores, LLC, in this action in equity and that enjoined Appellant from violating a Supermarket Restriction contained in a 1992 Lease Agreement. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DEAN A. SANTANA

COMMONWEALTH OF PENNSYLVANIA v. DEAN A. SANTANA No. 172 MDA 2008 2008 PA Super 246 Atlantic: 959 A.2d 450 Filed: 10/17/2008
	Appeal from the Judgment of Sentence entered January 9, 2008 In the Court of Common Pleas of Berks County Criminal Division at No. CP-06-CR-4265-2007
Before: STEVENS, FREEDBERG, and POPOVICH, JJ
Opinion by: FREEDBERG, J.
This is an appeal from judgment of sentence entered by the Court of Common Pleas of Berks County after a bench trial in which Appellant, Dean A. Santana, was convicted and sentenced on charges of escape, simple assault and resisting arrest. In this appeal, Appellant challenges the sufficiency of evidence upon which he was convicted of escape. We affirm judgment of sentence.

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Superior Court - RICHARD G. PHILLIPS AND RICHARD G. PHILLIPS ASSOCIATES, P.C. v. ALAN H. “BUD” SELIG ________________________________ WORLD UMPIRES AS

RICHARD G. PHILLIPS AND RICHARD G. PHILLIPS ASSOCIATES, P.C. v. ALAN H. “BUD” SELIG ________________________________ WORLD UMPIRES ASSOCIATES v. RICHARD G. PHILLIPS ASSOCIATES, P.C. No. 1966 EDA 2007 2008 PA Super 244 Atlantic: 959 A.2d 420 Filed: 10/17/2008
	Appeal from the Order entered June 5, 2007, Court of Common Pleas, Philadelphia County Civil at Nos. July Term, 2000 – No. 1550 and July Term, 2001 – No. 1255
Before: GANTMAN, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: DONOHUE, J.
Appellants, Richard G. Phillips (“Phillips”) and Richard G. Phillips Associates, P.C. (“Phillips Associates”), appeal from the order dated June 5, 2007 denying Appellants’ motion to reconsider the trial court’s grant of summary judgment in favor of all Appellees. After an exhaustive review of the evidentiary record, we affirm.

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