IN RE: K.T.E.L. APPEAL OF: A.R., MOTHER

IN RE: K.T.E.L. APPEAL OF: A.R., MOTHER No. 858 EDA 2009 2009 PA Super 205 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Decree entered February 18, 2009, in the Court of Common Pleas of Philadelphia County, December Term No. 90016, D 7157-05-12, J 324009-03
Before: STEVENS, KELLY, and POPOVICH, JJ.
Opinion by: KELLY, J.
A.R. (Mother) appeals from the decree entered in the Philadelphia County Court of Common Pleas of Philadelphia, involuntarily terminating her parental rights to her child, K.T.E.L., born October 28, 2003. We affirm. In this case, we address an issue of first impression: the disposition of an appeal in which an appellant in a case involving termination of parental rights fails to comply with Pennsylvania Rules of Appellate Procedure 905(a)(2) and 1925(a)(2), both adopted January 13, 2009. We hold that henceforth, in all children’s fast track cases, the failure to file a concise statement of errors complained of on appeal with the notice of appeal will result in a defective notice of appeal, to be disposed of on a case by case basis.

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ROBERT ZIMMERMAN v. HARRISBURG FUDD I, L.P.

ROBERT ZIMMERMAN v. HARRISBURG FUDD I, L.P., No. 1997 MDA 2008 2009 PA Super 202 Atlantic: n/a Filed: 10/19/2009
	Appeal from the Order entered October 13, 2008 In the Court of Common Pleas of Dauphin County Civil Division at No. 2005-CV-4222
Before: ALLEN, FREEDBERG AND CLELAND, JJ.
Opinion by: CLELAND, J.
We are asked to decide whether a contractor who has obtained a judgment against an owner under the Contractor and Subcontractor Payment Act may recover post-judgment interest and penalties, as well as attorney’s fees and expenses incurred to collect the money owed. We hold he can.

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COMMONWEALTH OF PENNSYLVANIA v. RICK ELWOOD HULL

COMMONWEALTH OF PENNSYLVANIA v. RICK ELWOOD HULL No. 1353 WDA 2008 2009 PA Super 201 Atlantic: n/a Filed: 10/16/2009
	Appeal from the PCRA Order entered July 14, 2008 In the Court of Common Pleas of Fayette County Criminal Nos.: CP-26-CR-0000624-2003, CP-26-CR-0001306-2003
Before: STEVENS, DONOHUE, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
The Commonwealth of Pennsylvania files this appeal from the order entered in the Fayette County Court of Common Pleas, which granted relief to Appellee, Rick Elwood Hull, based on his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). We hold that counsel lacked a reasonable basis for failing to call good character witnesses based on his overall trial strategy to show that the children were lying. Specifically, we hold that trial counsel may not state a broad concern that opposing counsel might introduce bad character evidence on cross-examination without having conducted any kind of investigation to determine if, in fact, there exists bad-character evidence. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. RODNEY SOTO COMMONWEALTH OF PENNSYLVANIA v. WILLIAM AVILES COMMONWEALTH OF PENNSYLVANIA v. MELVIN WISE

COMMONWEALTH OF PENNSYLVANIA v. RODNEY SOTO COMMONWEALTH OF PENNSYLVANIA v. WILLIAM AVILES COMMONWEALTH OF PENNSYLVANIA v. MELVIN WISE COMMONWEALTH OF PENNSYLVANIA v. JOSE SANCHEZ COMMONWEALTH OF PENNSYLVANIA v. KEVIN WILSON COMMONWEALTH OF PENNSYLVANIA v. EUGENE HUDNELL COMMONWEALTH OF PENNSYLVANIA v. PETE ROBINSON No. 165, 172, 179, 180, 181, 183 and 185 PHL 2008 2009 PA Super 200 Atlantic: n/a Filed: 10/16/2009
	Appeal from the PCRA Order of November 20, 2007 In the Court of Common Pleas of Philadelphia County, Criminal, No. CP-51-CR-1204871-2001, CP-51-CR-1203211-2001 CP-51-CR-0511611-2002, CP-51-CR-1000691-2001, CP-51-CR-0405351-2004, CP-51-CR-1200351-2001, CP-51-CR-0507581-2001
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KLEIN, J.
These consolidated appeals are from the orders entered by the Honorable D. Webster Keogh denying defendants’ petitions for Post Conviction Relief, 42 Pa.C.S.A. § 9541-9546 (PCRA). The PCRA petitions were filed when it was discovered through a newspaper article that a chemist for the police department, Colleen Brubaker, was a drug addict and had been taking confiscated pain pills for her own use and possibly selling other types of drugs to support her habit. The PCRA court denied relief on the grounds that defendants failed to prove that the newly discovered evidence would have compelled a different result at trial. While the individual cases are different, we agree with Judge Keogh that, viewing the totality of the circumstances, none of the defendants has shown that the evidence of Brubaker’s improper activity would have compelled a different result at any of the trials. Therefore, we affirm.

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CHRYSTAL CAMPBELL v. EARL R. WALKER, JR. APPEAL OF: DEPARTMENT OF PUBLIC WELFARE

CHRYSTAL CAMPBELL v. EARL R. WALKER, JR. APPEAL OF: DEPARTMENT OF PUBLIC WELFARE No. 1631 EDA 2008 2009 PA Super 198 Atlantic: n/a Filed: 10/14/2009
	Appeal from the Order entered May 20, 2008, in the Court of Common Pleas, Philadelphia County, Domestic Relations, No. 99-17726; Pacses No. 849101063
Before: BENDER, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
The Commonwealth of Pennsylvania Department, of Public Welfare (hereinafter DPW) has appealed from a Court of Common Pleas order that vacated a lien against proceeds that were due appellee, Earl R. Walker, Jr., from Allstate Insurance Company pursuant to the settlement of a personal injury lawsuit. We reverse.

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COMMONWEALTH OF PENNSYLVANIA v. ZEBULA MELVIN BROWN

COMMONWEALTH OF PENNSYLVANIA v. ZEBULA MELVIN BROWN No. 254 MDA 2009 2009 PA Super 199 Atlantic: n/a Filed: 10/14/2009
	Appeal from the Judgment of Sentence of October 17, 2008, in the Court of Common Pleas of Union County, Criminal Division at No. CP-60-CR-0000078-2008
Before: ORIE MELVIN, DONOHUE and COLVILLE, JJ.
Opinion by: COLVILLE, J.
Zebula Brown (“Petitioner”) seeks permission to appeal the discretionary aspects of his sentence. We deny the petition for allowance of appeal

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VALERIE H. MILLER v. WILLIAM R. MILLER and UPPER ST. CLAIR SCHOOL DISTRICT and UPPER ST. CLAIR TOWNSHIP v. WILLIAM R. MILLER and VALERIE H. MILLER

VALERIE H. MILLER v. WILLIAM R. MILLER and UPPER ST. CLAIR SCHOOL DISTRICT and UPPER ST. CLAIR TOWNSHIP v. WILLIAM R. MILLER and VALERIE H. MILLER APPEAL OF: WILLIAM R. MILLER No. 752 WDA 2008 2009 PA Super 197 Atlantic: n/a Filed: 10/9/2009
	Appeal from the Order entered on April 3, 2008 in the Court of Common Pleas of Allegheny County, Family Court Division, No. FD-93-12111-006
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: MUSMANNO, J.
William R. Miller (hereinafter “Husband”) appeals, pro se, from the Order granting the Motion for summary judgment filed by his ex-wife, Valerie H. Miller (hereinafter “Wife”). We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. PERRY, JR.

COMMONWEALTH OF PENNSYLVANIA v. THOMAS A. PERRY, JR. No. 2061 MDA 2008 2009 PA Super 196 Atlantic: n/a Filed: 10/6/2009
	Appeal from the Judgment of Sentence entered August 27, 2008 In the Court of Common Pleas of Lebanon County Criminal No.: CP-38-CR-0000150-2008
Before: ORIE MELVIN, COLVILLE, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Appellant, Thomas A. Perry, Jr., appeals from the judgment of sentence entered in the Lebanon County Court of Common Pleas, following his convictions for driving under the influence and driving vehicle at safe speed. We hold that this Court’s decision in Commonwealth v. Minnich, 874 A.2d 1234 (Pa. Super. 2005), finding that potential danger of causing an accident is sufficient to establish probable cause to initiate a traffic stop, applies in full to the current reasonable-suspicion standard. Accordingly, we affirm.

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COMMONWEALTH OF PENNSYLVANIA v. DARYL J. BOICH

COMMONWEALTH OF PENNSYLVANIA v. DARYL J. BOICH No. 1856 MDA 2006 2009 PA Super 195 Atlantic: 982 A.2d 102 Filed: 10/6/2009
	Appeal from the Order entered October 5, 2006 In the Court of Common Pleas of Luzerne County Criminal, No. CP-40-CR-0000024-2006
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN*, KLEIN, BENDER, BOWES, GANTMAN, AND SHOGAN, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: KLEIN, J.
Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Luzerne County Court of Common Pleas, which granted the pre-trial motion of rape defendant Appellee, Daryl J. Boich, to direct the adult rape complainant (“C.U.”) to submit to an involuntary psychiatric examination for purposes of deciding her competency to testify at trial. The Commonwealth asks whether the court erred when it found compelling reasons to grant Appellee’s request. We hold the court erred when it ordered an involuntary psychiatric examination of C.U. on the grounds alleged. Accordingly, we reverse and remand for further proceedings.

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NANCY A. WHITE, on behalf of herself and all others similarly situated v. CONESTOGA TITLE INSURANCE COMPANY

NANCY A. WHITE, on behalf of herself and all others similarly situated v. CONESTOGA TITLE INSURANCE COMPANY No. 1437 EDA 2008 2009 PA Super 194 Atlantic: n/a Petition for Reargument Denied 11/23/2009 Filed: 10/2/2009
	Appeal from the Order Entered April 21, 2008 In the Court of Common Pleas of Philadelphia County Civil at No(s): 0388 December Term, 2006
Before: STEVENS, PANELLA, and FREEDBERG, JJ.
Opinion by: PANELLA, J.
Appellant, Nancy White, appeals from the order entered on April 21, 2008 by the Honorable Jane Cutler Greenspan, Court of Common Pleas of Philadelphia County, which dismissed the complaint with prejudice for failure to exhaust statutory remedies and denied the motion to certify class as moot. After careful review, we reverse.

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