Friday, October 31, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JAMES ISIN LAWRENCE

COMMONWEALTH OF PENNSYLVANIA v. JAMES ISIN LAWRENCE
No. 1257 WDA 2007 2008 PA Super 262 Atlantic: 960 A.2d 473 Filed: 10/31/2008

Appeal from the PCRA Order entered July 2, 2007
In the Court of Common Pleas of Allegheny County
Criminal at No(s): CP-02-CR-0013368-1999
Before: PANELLA, KELLY and COLVILLE?, JJ.
Opinion by: PANELLA, J.
Concurring Opinion by: COLVILLE, J.
Appellant, James Lawrence, appeals from the order entered on July 2, 2007, by the Honorable David R. Cashman, Court of Common Pleas of Allegheny County, which dismissed his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). After careful review, we affirm.
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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. SHAWN JONES

COMMONWEALTH OF PENNSYLVANIA v. SHAWN JONES
No. 457 MDA 2008 2008 PA Super 261 Atlantic: 960 A.2d 481 Filed: 10/31/2008

Appeal from the Order entered February 8, 2008,
in the Court of Common Pleas of York County, Criminal,
at Nos. CP-67-CR-0004859-2006 & CP-67-CR-0007700-2006.
Before: ALLEN, CLELAND and FITZGERALD, JJ.
Opinion by: ALLEN, J.
Shawn Jones (“Appellant”) appeals from the order of the PCRA court denying his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”). 42 Pa.C.S.A. §§ 9541-9546. We remand with instructions.
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Thursday, October 30, 2008

Superior Court - DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w

DONALD J. WEISS & ASSOCIATES, P.C. v. DONALD TULLOCH, III and LINDA TULLOCH, h/w
No. 553 EDA 2008 2008 PA Super 259 Atlantic: 961 A.2d 862 Petition for Reargument Denied 12/23/2008 Filed: 10/30/2008

Appeal from the Judgment of January 29, 2008,
in the Court of Common Pleas of Delaware County,
Civil Division at No. 05-51891
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Donald and Linda Tulloch (“the Tullochs”) appeal the judgment entered in favor of Donald Weiss & Associates, P.C. (“Weiss”) in mortgage foreclosure. The issues are: (1) whether the trial court erred by not finding the mortgage held by Weiss to be illegal and thus unenforceable against the Tullochs and (2) whether the trial court erred by failing to find that the debt underlying the mortgage in question had been paid. We vacate and remand.
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Superior Court - OLYMPUS CORPORATION AND KEYMED (MEDICAL & INDUSTRIAL EQUPMENT) LTD., v. JEROME CANADY

OLYMPUS CORPORATION AND KEYMED (MEDICAL & INDUSTRIAL EQUPMENT) LTD., v. JEROME CANADY
No. 2033 WDA 2007 and 2627 EDA 2007 2008 PA Super 258 Atlantic: 962 A.2d 671 Filed: 10/30/2008

Appeal from the Orders entered October 17, 2007 ad August 21, 2007 In the Court of Common Pleas of Philadelphia County Civil, GD No. GD07-008748 and April Term, 2007, No. 3036 In the Court of Common Pleas of Allegheny County Civil, No. GD07-008748
Before: BOWES, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Jerome Canady, appeals from the orders entered in the Allegheny and Philadelphia County Courts of Common Pleas, denying his petitions to open and/or strike the foreign judgment. Appellant asks us to determine whether the judgment, which included an award of legal fees to Appellees under the English Rule, is enforceable under Pennsylvania’s Uniform Foreign Money Judgment Recognition Act (“UFMJRA”). We hold the judgment against Appellant that included an award of legal fees to Appellees under the English Rule is enforceable under Pennsylvania’s UFMJRA. Accordingly, we affirm the orders entered in the Allegheny and Philadelphia County Courts of Common Pleas, denying Appellant’s petitions to open and/or strike the foreign judgment.
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Superior Court - IN RE: ESTATE OF THOMAS P. ALLEN, Deceased APPEAL OF: ELEANOR J. KIM,Executrix

IN RE: ESTATE OF THOMAS P. ALLEN, Deceased
APPEAL OF: ELEANOR J. KIM,Executrix

No. 1714 WDA 2007 2008 PA Super 260 Atlantic: 960 A.2d 470 Filed: 10/30/2008

Appeal from the Order of April 4, 2007,
in the Court of Common Pleas of Allegheny County, Orphans' Court Division at No. 4384 of 2005
Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This appeal by Eleanor J. Kim (“the Executrix”) arises from the order directing her to reimburse the Estate of Thomas P. Allen (“the Estate”) for taxes paid from the residue of the Estate on non-probate assets that became her property on the death of Thomas P. Allen (“the Decedent”). We affirm.
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Wednesday, October 29, 2008

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS
No. 2964 EDA 2006 2008 PA Super 257 Atlantic: 959 A.2d 1272 Filed: 10/29/2008

Appeal from the PCRA Order entered October 17, 2006,
Court of Common Pleas, Delaware County,
Criminal Division at Nos. CP-23-CR-0000937-2002
& CP-23-CR-0004572-2001
Before: STEVENS, DONOHUE and FITZGERALD*, JJ.
Opinion by: DONOHUE, J.
Lucillious Williams appeals from the order entered by the Court of Common Pleas of Delaware County, which denied his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. Upon our review of the record, we affirm.
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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS

COMMONWEALTH OF PENNSYLVANIA v. LUCILLIOUS WILLIAMS
No. 2964 EDA 2006 2008 PA Super 257 Atlantic: 959 A.2d 1272 Filed: 10/29/2008

Appeal from the PCRA Order entered October 17, 2006,
Court of Common Pleas, Delaware County,
Criminal Division at Nos. CP-23-CR-0000937-2002
& CP-23-CR-0004572-2001
Before: STEVENS, DONOHUE and FITZGERALD*, JJ.
Opinion by: DONOHUE, J.
Lucillious Williams appeals from the order entered by the Court of Common Pleas of Delaware County, which denied his first petition filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546. Upon our review of the record, we affirm.
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Tuesday, October 28, 2008

Superior Court - CORNERSTONE LAND DEVELOPMENT COMPANY OF PITTSBURGH LLC v. WADWELL GROUP, A PENNSYLVANIA PARTNERSHIP AND MARSHALL TOWNSHIP MUNICIPAL S

CORNERSTONE LAND DEVELOPMENT COMPANY OF PITTSBURGH LLC v. WADWELL GROUP, A PENNSYLVANIA PARTNERSHIP AND MARSHALL TOWNSHIP MUNICIPAL SANITARY AUTHORITY
No. 1251 and 1254 WDA 2007 2008 PA Super 256 Atlantic: 959 A.2d 1264 Filed: 10/28/2008

Appeal from the Order entered in the
Court of Common Pleas of Allegheny County,
Civil Division, No(s): GD 07-6631
Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ.
Opinion by: TAMILIA, J.
Cornerstone Land Development Company of Pittsburgh (Cornerstone) appeals the June 12, 2007, Orders striking its mechanics’ lien claim and sustaining appellees’ respective preliminary objections in the nature of demurrers. We sua sponte consolidated the appeals.
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Monday, October 27, 2008

Superior Court - PATRICIA BUCHHALTER v. STEVEN BUCHHALTER

PATRICIA BUCHHALTER v. STEVEN BUCHHALTER
No. 3021 EDA 2007 2008 PA Super 255 Atlantic: 959 A.2d 1260 Filed: 10/27/2008

Appeal from the Order Entered October 22, 2007
In the Court of Common Pleas of Philadelphia County
Domestic Relations at No. 0709V7242
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Patricia Buchhalter appeals from the order entered on October 22, 2007, that vacated a temporary protection from abuse (PFA) order and dismissed her petition seeking a PFA order against her ex-husband, Steven Buchhalter. We vacate and remand.
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Friday, October 24, 2008

Superior Court - IN THE INTEREST OF: C.W. APPEAL OF ANTHONY R. TUNNELL, ESQUIRE

IN THE INTEREST OF: C.W.
APPEAL OF ANTHONY R. TUNNELL, ESQUIRE

No. 3356 EDA 2007 2008 PA Super 254 Atlantic: 960 A.2d 458 Filed: 10/24/2008

Appeal from the Order November 19, 2007 In the Court of Common Pleas of Philadelphia County
Civil at No(s): D# 28010311 J# 33743102
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County finding Appellant Anthony R. Tunnell, Esquire to be in contempt, directing him to return all monies paid to him, and replacing him with new court-appointed counsel in the underlying involuntary termination of parental rights case. On appeal, Attorney Tunnell contends, inter alia, that the evidence was insufficient to sustain a finding of contempt. We reverse.
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