Superior Court - COVE CENTRE, INC. v. WESTHAFER CONSTRUCTION, INC.

COVE CENTRE, INC. v. WESTHAFER CONSTRUCTION, INC. No. 1463 MDA 2007 2009 PA Super 10 Atlantic: 965 A.2d 259 Filed: 1/26/2009
	Appeal from the Judgment Entered July 23, 2007 In the Court of Common Pleas of Perry County Civil Division at No. 2005-247
Before: ORIE MELVIN, BENDER and FITZGERALD, JJ.
Opinion by: BENDER, J.
Westhafer Construction, Inc. (Westhafer) appeals the judgment entered in favor of Cove Centre, Inc. (Cove Centre) following imposition of discovery sanctions by the trial court. The court’s order declared requests for admission to be admitted, precluded expert testimony, and entered judgment for the amount disputed by the parties in the sum of $293,701.76. Westhafer contends that the court’s order constitutes an abuse of discretion as the court imposed the sanction without first allowing the defendant to be heard or entering an order compelling discovery. The trial court, upon reconsideration of the order, concluded that it had erred but determined that it was divested of jurisdiction given the pendency of an appeal before this Court. Upon review, we conclude that entry of the order did exceed the court’s discretion under the circumstances. Accordingly, we reverse the order, vacate the judgment, and reinstate the underlying action.

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Superior Court - IN THE INTEREST OF F.C., III, a minor APPEAL OF: F.C., III

IN THE INTEREST OF F.C., III, a minor APPEAL OF: F.C., III No. 1302 WDA 2007 2009 PA Super 9 Atlantic: 966 A.2d 1131 Petition for Reargument Denied 1/23/2009 Filed: 1/23/2009
	Appeal from the Order of June 12, 2007, in the Court of Common Pleas of Allegheny County, Civil Division at No. Docket No. 1081-07, History No. 67217-C
Before: MUSMANNO, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
F.C., a minor, appeals the order committing him to involuntary drug and/or alcohol treatment under 71 P.S. § 1690.112a (commitment of minors, “Act 53”). The issues are: (1) whether F.C. was denied due process when, based solely on a petition for involuntary drug treatment, he was detained and subjected to a drug and alcohol assessment in which he was compelled to divulge private information without first being given notice and an opportunity to test the allegations in the petition; (2) whether his right to counsel was infringed when he was assessed without counsel present; (3) whether he was denied due process by being restrained in shackles prior to and during the hearing to determine his involuntary commitment; (4) whether his right to counsel was infringed during the hearing because, being held in restraints, he could not communicate with his counsel. We affirm.

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IN RE: I.L.P. AND I.L.P. JOINT PETITION ON ASSISTED CONCEPTION BIRTH REGISTRATION APPEAL OF: C.-H.L. AND T.J.P., G.S. AND B.S. No. 786 WDA 2008 2009 PA Super 8 Atlantic: 965 A.2d 251 Filed: 1/21/2009
	Appeal from the Decree April 2, 2008, In the Court of Common Pleas of Allegheny County, Orphans' Court Division at No. 02-06-04655.
Before: KLEIN, POPOVICH, and FITZGERALD, JJ.
Opinion by: POPOVICH, J.
Appellants, gestational carrier (G.S., along with her husband, B.S.) and birth parent (C.-H.L., along with his life partner, T.J.P.) of twins (I.L.P. and I.L.P.), appeal the Decree of the Court of Common Pleas of Allegheny County, Orphans’ Court Division, entered on April 2, 2008, denying Appellants’ petition requesting correction of the birth registration of the twins. We reverse.

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Superior Court - DIANE P. RICH v. JOHN W. RICH, JR.

DIANE P. RICH v. JOHN W. RICH, JR. No. 93 MDA 2008 2009 PA Super 7 Atlantic: 967 A.2d 400 Filed: 1/15/2009
	Appeal from the Order Entered January 3, 2008 In the Court of Common Pleas of Schuylkill County Domestic Relations at Nos.: 2003-36076 PACSES No. 658105245
Before: Orie Melvin, Bender and Fitzgerald, JJ.
Opinion by: BENDER, J.
John W. Rich, Jr., (Father) appeals from the January 3, 2008 order directing that he pay child support to Diane P. Rich (Mother) on behalf of the parties’ four children. Mother cross-appeals from the same order. We affirm in part and vacate and remand in part.

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Superior Court - LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC.

LUZ LUGO AND YESENIA MARCO ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED INDIVIDUALS v. FARMERS PRIDE, INC. No. 582 EDA 2007 2009 PA Super 5 Atlantic: 967 A.2d 963 Petition for Reargument Denied 3/18/2009 Filed: 1/15/2009
	Appeal from the Order Dated February 1, 2007, in the Court of Common Pleas of Philadelphia County Civil Division at No. July Term, 2006, No. 002187
Before: FORD ELLIOTT, P.J., PANELLA AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
In this appeal of a class action, appellants challenge the sustaining of preliminary objections to their complaint. Among those objections were two in the nature of a demurrer, which encompassed each of the four substantive counts of appellants’ complaint, and which effectively terminated the litigation and disposed of the entire case. The court also sustained an objection to venue in Philadelphia County. Upon review, we reverse and remand for further proceedings.

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Superior Court - MICAH L. SHAFFER AND JAYME D. SHAFFER, H/W v. JOHN M. O’TOOLE AND KATHLEEN O’TOOLE, H/W

MICAH L. SHAFFER AND JAYME D. SHAFFER, H/W v. JOHN M. O’TOOLE AND KATHLEEN O’TOOLE, H/W No. 1858 MDA 2007 2009 PA Super 6 Atlantic: 964 A.2d 420 Filed: 1/15/2009
	Appeal from the Judgment entered January 4, 2008 in the Court of Common Pleas of Northumberland County, Civil Division, at No. 2006-967.
Before: ORIE MELVIN, BENDER and FITZGERALD, JJ.
Opinion by: ORIE MELVIN, J.
Appellants, Micah L. Shaffer and his wife, Jayme D. Shaffer, appeal from the judgment entered establishing title to the disputed one acre tract of land in Appellees, John M. O’Toole and his wife, Kathleen O’Toole, based upon their claim of adverse possession. After review, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER HANNA

COMMONWEALTH OF PENNSYLVANIA v. CHRISTOPHER HANNA No. 247 EDA 2008 2009 PA Super 3 Atlantic: 964 A.2d 923 Filed: 1/14/2009
	Appeal from the Order entered on December 17, 2007, in the Court of Common Pleas of Chester County, Criminal Division, at No(s). CP-15-CR-0001131-2004.
Before: LALLY-GREEN, KLEIN, and GANTMAN, JJ.
Opinion by: LALLY-GREEN, J.
Concurring Opinion by: KLEIN, J.
Appellant, Christopher Hanna, appeals from the order entered on December 17, 2007, denying his petition to expunge. We vacate and remand.

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Superior Court - DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEG

DARLA J. TOTH v. DONEGAL COMPANIES, ALSO KNOWN AS DONEGAL MUTUAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL, ALSO KNOWN AS DONEGAL INSURANCE COMPANY, ALSO KNOWN AS DONEGAL MUTUAL INS. CO., ALSO KNOWN AS DONEGAL INSURANCE, ALSO KNOWN AS DONEGAL, A CORPORATION, PARTNERSHIP, PROPRIETORSHIP, ASSOCIATION, OR OTHER ENTITY No. 1744 WDA 2007 2009 PA Super 4 Atlantic: 964 A.2d 413 Filed: 1/14/2009
	Appeal from the Order, August 22, 2007, in the Court of Common Pleas of Westmoreland County Civil Division at No. 145 of 2003
Before: FORD ELLIOTT, P.J., ORIE MELVIN AND SHOGAN, JJ.
Opinion by: FORD ELLIOT, P.J.
Donegal Mutual Insurance Company (“Donegal”) appeals the order of August 22, 2007, granting Darla J. Toth’s (“Toth”) motion for summary judgment. Toth was in a motor vehicle accident and subsequently filed a claim for underinsured motorist (“UIM”) benefits under her policy with Donegal, which denied the claim on the basis that Toth had rejected UIM coverage. The trial court determined that the form rejecting UIM coverage was void because it was not signed by Toth, the first named insured, as required by the MVFRL; rather, the form was signed by Toth’s husband, John D. Toth, in both their names and allegedly with Toth’s permission. After careful review, we reverse.

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Superior Court - FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG

FLOORS, INC. D/B/A CREATIVE TOUCH v. WILLIAM C. ALTIG AND JULIE A. ALTIG No. 1173 eda 2008 2009 PA Super 2 Atlantic: 963 A.2d 912 Filed: 1/7/2009
	Appeal from the Order entered March 19, 2008 In the Court of Common Pleas of Chester County Civil at No(s): 07-12260
Before: STEVENS, KLEIN, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the Order entered in the Court of Common Pleas of Chester County on March 19, 2008, sustaining the Preliminary Objections of Appellees William C. Altig and Julie A. Altig (hereinafter “Appellees”) and striking the Mechanics’ Lien Claim filed by Appellant Floors, Inc., d/b/a Creative Touch Interiors (hereinafter “Appellant”). We affirm

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ROBERT STARR SCASSERA

COMMONWEALTH OF PENNSYLVANIA v. ROBERT STARR SCASSERA No. 605 WDA 2008 2009 PA Super 1 Atlantic: 965 A.2d 247 Filed: 1/5/2009
	Appeal from Order entered February 29, 2008, in the Court of Common Pleas of Beaver County, Criminal Division, No. CP-04-CR-1219-1999
Before: BENDER, FREEDBERG, and POPOVICH, JJ.
Opinion by: FREEDBERG, J.
This matter is before the Court on Robert Starr Scassera’s appeal from the order of the Court of Common Pleas of Beaver County denying his amended petition under the Post-Conviction Relief Act (“PCRA”). We reverse the order, vacate sentence, and remand.

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