Superior Court - LEBANON COUNTY HOUSING AUTHORITY v. VERONICA LANDECK

LEBANON COUNTY HOUSING AUTHORITY v. VERONICA LANDECK No. 34 MDA 2008 2009 PA Super 37 Atlantic: 967 A.2d 1009 Filed: 2/27/2009
	Appeal from the Judgment entered January 31, 2008 In the Court of Common Pleas of Lebanon County Civil Division, at No. 2006-01289
Before: PANELLA, CLELAND, JJ. and MCEWEN, P.J.E.
Opinion by: CLELAND, J.
Concurring Statement by: McEWEN, P.J.E.
Veronica Landeck (Tenant) appeals the judgment entered January 31, 2008 pursuant to the trial court’s orders of December 4, 2007 and December 13, 2007, the latter denying Tenant’s post-trial motion. The issue before us is whether, under the federal Fair Housing Act (the Act), the trial court mistakenly concluded that Tenant failed to establish a reasonable accommodation defense under the Act and thereby erred in awarding possession of the rental property to the Lebanon County Housing Authority (the Authority). Because the trial court erred in its application of the law and its factual findings are not supported by the record, we reverse and remand in part for a new trial.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - RONALD T. BOLE AND SUSAN M. BOLE v. ERIE INSURANCE EXCHANGE

RONALD T. BOLE AND SUSAN M. BOLE v. ERIE INSURANCE EXCHANGE No. 2248 WDA 2007 2009 PA Super 38 Atlantic: 967 A.2d 1017 Filed: 2/27/2009
	Appeal from the Order entered November 30, 2007 In the Court of Common Pleas of Erie County, Civil, No. 2007-12609
Before: KLEIN, POPOVICH and FITZGERALD, JJ.
Opinion by: KLEIN, J.
Dissenting Opinion by: FITZGERALD, J.
Ronald T. Bole appeals from the trial court order denying his petition to modify an arbitration award after the arbitrators in a 2-1 vote refused to award him underinsured motorist benefits. Bole suffered serious injuries while responding to call as a volunteer fireman in response to a serious automobile accident. The accident was caused by an underinsured motorist who was driving too fast for conditions and hydroplaned in a severe rainstorm. A bridge on Bole’s property collapsed in the same rainstorm and Bole was badly injured when he was thrown from the truck he was driving on the way to the accident and the truck crushed him against an I-beam. We reverse and remand for further proceedings.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON

COMMONWEALTH OF PENNSYLVANIA v. ERIC RICHARD JOHNSON No. 293 WDA 2008 2009 PA Super 36 Atlantic: 967 A.2d 1001 Filed: 2/26/2009
	Appeal from the Judgment of Sentence January 10, 2008, In the Court of Common Pleas of WASHINGTON County, CRIMINAL at No(s): CP-63-CR-0001735-2006
Before: BOWES, FREEDBERG, and FITZGERALD, JJ.
Opinion by: FREEDBERG, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
This is an appeal from the judgment of sentence entered in the Court of Common Pleas for Washington County after a hearing in which Eric Richard Johnson (“Appellant”) was found to be in violation of his probation. We vacate the sentence and remand to the trial court for resentencing in accordance with the reasoning set forth below.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - ZOKAITES CONTRACTING INC. and WOODSIDE DEVELOPMENT v. TRANT CORPORATION, SHUTY INC., CLASSIC DEVELOPMENT CONSULTANTS, INC., JOHN K TR

ZOKAITES CONTRACTING INC. and WOODSIDE DEVELOPMENT v. TRANT CORPORATION, SHUTY INC., CLASSIC DEVELOPMENT CONSULTANTS, INC., JOHN K TRANT, DONALD P. TRANT, and JOHN DOE No. 624 WDA 2008 2009 PA Super 35 Atlantic: 968 A.2d 1282 Filed: 2/26/2009
	Appeal from the Order Entered March 31, 2008, Court of Common Pleas, Allegheny County, Civil, at No. GD 03-15471
Before: FORD ELLIOTT, P.J., DONOHUE and ALLEN, JJ.
Opinion by: ALLEN, J.
Zokaites Contracting Inc. and Woodside Development (“Appellants”) appeal from the trial court’s March 31, 2008 order certifying its January 30, 2007 order final and appealable. The trial court’s January 30, 2007 order granted in part and denied in part Appellants’ petition to open a judgment of non pros for failing to file a certificate of merit (COM) pursuant to Pa.R.C.P. 1042.3. On appeal, Appellants contend that the trial court erred in requiring them to file a COM to support allegations they made in a breach of contract count; that the trial court erred in finding that they failed to proffer a reasonable explanation for failing to file a COM; and that the trial court erred in failing to open the judgment under Pa.R.C.P. 126 and the equitable considerations of this case. We find no merit in Appellants’ assertions of error; accordingly, we affirm the trial court’s order.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DESMOND SCOTT

COMMONWEALTH OF PENNSYLVANIA v. DESMOND SCOTT No. 912 EDA 2007 2009 PA Super 34 Atlantic: 967 A.2d 995 Filed: 2/25/2009
	Appeal from the Judgment of Sentence March 12, 2007 In the Court of Common Pleas of Philadelphia County Criminal Division at No. CP-51-CR-0609801-2006
Before: BENDER, PANELLA and KELLY, JJ.
Opinion by: BENDER, J.
Desmond Scott appeals the judgment of sentence imposed following his conviction of Escape, 18 Pa.C.S. § 5121, in connection with his failure to return to a Community Correction Center. Scott contends that the evidence adduced at trial was not legally sufficient to sustain his conviction as he was on parole at the time of the events charged and that the record fails to establish otherwise. Upon review, we find no merit in Scott’s assertion. Accordingly, we affirm the judgment of sentence.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. DANA WILEY

---

COMMONWEALTH OF PENNSYLVANIA v. DANA WILEY No. 1443 WDA 2007 2009 PA Super 33 Atlantic: 966 A.2d 1153 Filed: 2/20/2009
	Appeal from the PCRA Order January 5, 2007 In the Court of Common Pleas of Lawrence County Criminal Division at No. CP-37-CR-0001144-1994
Before: BENDER, GANTMAN and POPOVICH, JJ.
Opinion by: BENDER, J.
Dana Wiley appeals from the January 5, 2007 order that dismissed his second petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. We vacate the order that dismissed the PCRA petition and we remand to the PCRA court for further proceedings as explained herein.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - DARRYL KANE, INDIVIDUALLY AND ON BEHALF OF NEXUS PROFESSIONAL ASSOCIATES, INC. v. MICHAEL A. VIGUNAS, LAURA DOUGLAS AND MAX INTERNATI

------------------------

DARRYL KANE, INDIVIDUALLY AND ON BEHALF OF NEXUS PROFESSIONAL ASSOCIATES, INC. v. MICHAEL A. VIGUNAS, LAURA DOUGLAS AND MAX INTERNATIONAL CONVERTERS, INC., JERRY SHENK AND D & E COMMUNICATIONS, INC. No. 2128 MDA 2007 2009 PA Super 31 Atlantic: 967 A.2d 987 Petition for Reargument Denied 4/16/2009 Filed: 2/13/2009
	Appeal from the Order entered November 29, 2007, In the Court of Common Pleas of Lancaster County, Civil, No. CI-02-10790
Before: PANELLA, CLELAND, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Concurring Opinion Opinion by: CLELAND, J.
Appellant, Darryl Kane, individually and on behalf of Nexus Professional Associates, Inc., appeals from the order that refused to reinstate a civil action that had been terminated on grounds of inactivity. We are compelled to reverse and remand this case for further proceedings.

-----------------------------
Want 50 state & federal case law? - click here

Superior Court - IN RE: ESTATE OF JOHN E. duPONT, AN ALLEGED INCAPACITATED PERSON APPEAL OF: MARK ANTHONY DEHAVEN

IN RE: ESTATE OF JOHN E. duPONT, AN ALLEGED INCAPACITATED PERSON APPEAL OF: MARK ANTHONY DEHAVEN No. 917 EDA 2008 2009 PA Super 29 Atlantic: 966 A.2d 636 Filed: 2/12/2009
	Appeal from the Order entered February 27, 2008 In the Court of Common Pleas of Delaware County, Orphans’ Court, Case No. 0563-1996
Before: STEVENS, KLEIN and CLELAND, JJ.
Opinion by: KLEIN, J.
Mark Anthony DeHaven appeals from a trial court order denying his petition to open sealed incapacitation proceedings from 1996 involving John E. duPont. We affirm.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. JOHN ARTHUR STUTLER

COMMONWEALTH OF PENNSYLVANIA v. JOHN ARTHUR STUTLER No. 1602 WDA 2007 2009 PA Super 30 Atlantic: 966 A.2d 594 Filed: 2/11/2009
	Appeal from the Judgment of Sentence entered on August 3, 2007 in the Court of Common Pleas of Fayette County, Criminal Division, Nos. 1/4, 2/4 and 3/4 of 2007, 106 of 2007
Before: MUSMANNO, ORIE MELVIN and KLEIN, JJ.
Opinion by: MUSMANNO, J.
John A. Stutler (“Stutler”) appeals from the judgment of sentence imposed after he was found guilty of burglary, criminal conspiracy, criminal attempt to commit theft by unlawful taking, and criminal mischief. We vacate the judgment of sentence and remand for a new trial.

-----------------------------------------------------
Want 50 state & federal case law? - click here

Superior Court - COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA

COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA No. 334 EDA 2008 2009 PA Super 28 Atlantic: 966 A.2d 930 Filed: 2/11/2009
	Appeal from the Judgment of Sentence November 19, 2007 In the Court of Common Pleas of Chester County Criminal Division at No. CP-15-CR-0004017-2007
Before: ORIE MELVIN, CLELAND AND POPOVICH, JJ.
Opinion by: CLELAND, J.
Ulises Luna Nava (Luna), an illegal alien, appeals the November 19, 2007 judgment of sentence and the December 26, 2007 partial denial of his post-sentence motion to modify sentence. His appeal raises the question whether a sentencing court, as a condition of parole, may require an illegal alien, convicted of driving under the influence, to remove himself from the Commonwealth of Pennsylvania within ten days of the beginning of his parole. For reasons that follow, we vacate that portion of his sentence which imposes the condition.

-----------------------------------------------------
Want 50 state & federal case law? - click here