Superior Court - JEFFREY W. FRANTZ v. CAROL ANN FRANTZ APPEAL OF: PAUL J. McARDLE

JEFFREY W. FRANTZ v. CAROL ANN FRANTZ APPEAL OF: PAUL J. McARDLE No. 567 WDA 2008 2009 PA Super 68 Atlantic: 972 A.2d 525 Filed: 4/14/2009
	Appeal from the Order of March 25, 2008, in the Court of Common Pleas of Allegheny County, Civil Division at No. FD 07 7499-002
Before: MUSMANNO, SHOGAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Paul J. McArdle, Esq. (“Appellant”) appeals the order striking his judgment lien that he claims had attached to certain realty. The trial court struck the lien because the court found the realty was held under the jurisdiction of the court during certain divorce proceedings and, being under the court’s jurisdiction, the realty could not be attached by a lien such as Appellant’s. The court’s reasoning was based primarily on Klebach v. Mellon Bank, N.A., 565 A.2d 448 (Pa. Super. 1989), discussed more fully infra. Appellant, however, claims the court was without authority to strike the lien because it attached by operation of law as a combined result of 23 Pa.C.S.A. § 3507(a) (division of entireties property between divorced persons), 42 Pa.C.S.A. § 4303(a) (effect of judgments and orders as liens), and Pa.R.C.P. 3023 (judgment, lien, duration). Primarily, he claims Pa.R.C.P. 3023 essentially abrogated Klebach. We affirm the order.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ANDRE EDWARD BASKING

COMMONWEALTH OF PENNSYLVANIA v. ANDRE EDWARD BASKING No. 1129 WDA 2007 2009 PA Super 67 Atlantic: 970 A.2d 1181 Filed: 4/14/2009
	Appeal from the Order Entered May 17, 2007, In the Court of Common Pleas, Allegheny County, Criminal, at No. CC 200517437
Before: FORD ELLIOTT, P.J., LALLY-GREEN and ALLEN, JJ.
Opinion by: ALLEN, J.
In this case, we are asked to explore the contours of the common authority and apparent authority doctrines, which are corollaries to the consent exception to the warrant requirement. Additionally, this Court must decide if the apparent authority exception, if adopted and applied to the citizens of this Commonwealth, violates the strong notion of privacy inherent in Article I, Section 8 of the Pennsylvania Constitution.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS

COMMONWEALTH OF PENNSYLVANIA v. STEPHEN J. PARSONS No. 615 MDA 2006 2009 PA Super 66 Atlantic: 969 A.2d 1259 Filed: 4/9/2009
	Appeal from the Judgment of Sentence April 4, 2006 In the Court of Common Pleas of Berks County Criminal, No. CP 06 CR 3312 - 2004
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, BENDER, BOWES, GANTMAN, PANELLA, DONOHUE, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: BENDER, J.
Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the trial court erred when it sentenced Appellee, Stephen A. Parsons, to three (3) months of electronic monitoring under the supervision of the Berks County Probation Office, followed by a five-year term of probation, in violation of the parties’ plea agreement that called for a greater sentence. After careful review of the certified record as well as the relevant, settled law pertaining to plea agreements, we hold the court erred when it allowed Appellee to lodge an untimely challenge to the sentencing term of the plea agreement, and when the court set aside the sentencing term, without the Commonwealth’s consent, despite the clarity of the plea agreement both as to the charges and the specific sentence, which the court had previously accepted. Accordingly, we vacate the judgment of sentence and remand for imposition of the sentence contained in the parties’ plea bargain.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. MARVIN JAMINE ROBINSON

COMMONWEALTH OF PENNSYLVANIA v. MARVIN JAMINE ROBINSON No. 657 MDA 2007 2009 PA Super 65 Atlantic: 970 A.2d 455 Filed: 4/9/2009
	Appeal from the Order of February 21, 2007, in the Court of Common Pleas of Dauphin County, Criminal Division, at No. CP-22-CR-0001420-2001.
Before: STEVENS, MUSMANNO, KLEIN, BENDER, BOWES, GANTMAN, SHOGAN, FREEDBERG, and CLELAND, JJ.
Opinion by: BOWES, J.
The issue presented in this case is whether we should remand for a hearing pursuant to Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998). We hold that in any case where a defendant seeks self-representation in a PCRA proceeding and where counsel has not properly withdrawn, a hearing must be held. In doing so, we overrule Commonwealth v. Murray, 836 A.2d 956 (Pa.Super. 2003), to the extent that it indicates that such a hearing is unnecessary. We hereby vacate the denial of PCRA relief and remand.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. GARY L. KRETCHMAR

COMMONWEALTH OF PENNSYLVANIA v. GARY L. KRETCHMAR No. 2284 EDA 2008 2009 PA Super 63 Atlantic: 971 A.2d 1249 Petition for Reargument Denied 6/9/2009 Filed: 4/8/2009
	Appeal from the PCRA Order, July 15, 2008, in the Court of Common Pleas of Bucks County Criminal Division at No. CP-09-CR-0001190-1987
Before: FORD ELLIOTT, P.J., STEVENS AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
This is an appeal from an order dismissing without a hearing a petition filed under the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S.A.§§ 9541-9546, by appellant, Gary L. Kretchmar. We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. SHAWN M. FICKES

COMMONWEALTH OF PENNSYLVANIA v. SHAWN M. FICKES No. 1273 MDA 2008 2009 PA Super 64 Atlantic: 969 A.2d 1251 Filed: 4/8/2009
	Appeal from the Judgment of Sentence June 18, 2008 In the Court of Common Pleas of York County Criminal Division at No. CP-67-CR-0007501-2007
Before: MUSMANNO, BENDER and CLELAND, JJ.
Opinion by: BENDER, J.
Shawn M. Fickes (Appellant) appeals from the judgment of sentence entered following his conviction for DUI. Appellant claims that the trial court erred in denying his motion to suppress. For the reasons that follow, we affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. WILLIAM C. BIBBS

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM C. BIBBS No. 1229 MDA 2008 2009 PA Super 62 Atlantic: 970 A.2d 440 Filed: 4/7/2009
	Appeal from the Judgment of Sentence January 2, 2007 In the Court of Common Pleas of Berks County Criminal Division at No. CP-06-CR-0000814-2006
Before: MUSMANNO, BENDER and CLELAND, JJ.
Opinion by: BENDER, J.
William C. Bibbs appeals from the January 2, 2007 judgment of sentence of an aggregate of fourteen to thirty years’ incarceration imposed following his convictions for robbery (18 Pa.C.S. § 3701(a)(1)(i)), conspiracy to commit robbery (18 Pa.C.S. § 903(a)(1)), two counts of aggravated assault (18 Pa.C.S. § 2702(a)(1), (4)), two counts of conspiracy to commit aggravated assault (18 Pa.C.S. § 903(a)(1)), firearms not to be carried without a license (18 Pa.C.S. § 6106(a)(1)), conspiracy to commit firearms not to be carried without a license (18 Pa.C.S. §903(a)(1)), possession of an instrument of crime (18 Pa.C.S. § 907(a)), and conspiracy to commit possession of an instrument of crime (18 Pa.C.S. § 903(a)(1)). We affirm.

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Superior Court - COMMONWEALTH OF PENNSYLVANIA v. LEON PARHAM

COMMONWEALTH OF PENNSYLVANIA v. LEON PARHAM No. 1409 WDA 2007 2009 PA Super 61 Atlantic: 969 A.2d 629 Filed: 4/3/2009
	Appeal from the Judgment of Sentence March 12, 2008 In the Court of Common Pleas of Allegheny County Criminal at No(s): CP-02-CR-0014431-2005
Before: STEVENS, MUSMANNO, and CLELAND, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Peas of Allegheny County on March 12, 2008, following Appellant’s conviction by a jury of rape, rape of a child, statutory sexual assault, and corruption of minors. Herein, Appellant contends that the crimes of rape and statutory sexual assault should have merged for purposes of sentencing. We affirm the judgment of sentence.

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Superior Court - DERRICK R. CRAMER, SR. v. JERI ANN ZGELA

DERRICK R. CRAMER, SR. v. JERI ANN ZGELA No. 1250 MDA 2008 2009 PA Super 60 Atlantic: 969 A.2d 621 Filed: 4/1/2009
	Appeal from the Order Entered June 26, 2008 In the Court of Common Pleas of York County Civil Division at No. 2004-FC-00354-Y03
Before: MUSMANNO, BENDER and CLELAND, JJ.
Opinion by: BENDER, J.
Derrick R. Cramer, Sr. (Appellant) appeals pro se from the order dated June 26, 2008, that denied his request for visitation with his minor son (D.O.B. 3/30/01) at SCI–Huntingdon, where Appellant is serving a life sentence for first degree murder. We vacate and remand.

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Superior Court - MARK L. HELPIN v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, MARJORIE JEFFCOAT, THOMAS FREITAG AND LAWRENCE M. LEVIN APPEAL OF:

MARK L. HELPIN v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, MARJORIE JEFFCOAT, THOMAS FREITAG AND LAWRENCE M. LEVIN APPEAL OF: TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA MARK L. HELPIN v. TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA, MARJORIE JEFFCOAT, IN HER INDIVIDUAL AND OFFICIAL CAPACITIES, THOMAS FREITAG, IN HIS OFFICIAL AND PERSONAL CAPACITY AND LAWRENCE M. LEVIN, IN HIS OFFICIAL AND PERSONAL CAPACITIES No. 125 and 307 EDA 2008 2009 PA Super 58 Atlantic: 969 A.2d 601 Filed: 4/1/2009
	Appeal from the Order Entered December 13, 2007 In the Court of Common Pleas of Philadelphia County Civil Division at No. No. 00702 September Term, 2005
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
The Trustees of the University of Pennsylvania, Marjorie Jeffcoat, in her Individual and Official Capacities, Thomas Freitag, in his Official and Personal Capacities, and Lawrence M. Levin, in his Official and Personal Capacities (collectively “Penn”), appeal the judgment entered in favor of Mark L. Helpin (Dr. Helpin) on his claims of breach of contract and constructive discharge after removal from his position as director of the pediatric dental clinic operated by the University at the Children’s Hospital of Philadelphia (CHOP). Dr. Helpin cross-appeals, contending that the trial court erred in declining to award pre-judgment interest on the award in question, some $4,040,000. Following careful considerations of the parties’ respective arguments, we find that neither demonstrated reversible error. Accordingly, we affirm the judgment of the trial court.

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