Commonwealth of Pennsylvania v. Alvin Woodrow Tome No. 01549HBG98 1999 PA Super 190 Filed: 7/30/99
	Appeal from the Judgment of Sentence of September 3, 1998 in the Court of Common Pleas of
Before: HUDOCK, STEVENS, JJ., and CIRILLO, P.J.E.
Opinion by: CIRILLO, P.J.E.
The Commonwealth of Pennsylvania appeals from a judgment of sentence entered in the Court of Common Pleas of York County. We reverse.

In the Interest of Jose Crespo A/K/A Jorge Cintron Appeal of: Commonwealth of Pennsylvania No. 01999PHL97 1999 PA Super 189 Filed: 7/29/99
	Appeal from the Order entered April 11, 1997 in the Court of Common Pleas of Philadelphia County, Criminal, No. 10377-94-12, 5507-96-09.
Before: *DEL SOLE, MONTEMURO and BECK, JJ.**
Opinion by: DEL SOLE, J.
This is a Commonwealth appeal from a pre-adjudication denial of a petition to certify Appellee for trial as an adult on gun and drug charges. We vacate and remand.

Commonwealth of Pennsylvania v. Gabriel I. Pittman No. 03081PHL98 1999 PA Super 188 Filed: 7/29/99
	Appeal from the Judgment of Sentence entered August 19, 1998 in the Court of Common Pleas of Lehigh County, Criminal, No. 304/98.
Before: *DEL SOLE, MONTEMURO and BECK, JJ.**
Opinion by: DEL SOLE, J.
This is an appeal from a Judgment of Sentence imposed as a result of Appellant’s plea of guilty to third degree murder, recklessly endangering another person and firearms carried without a license, and a nolo contendere plea to aggravated assault. The charges stemmed from Appellant’s shooting death of an acquaintance outside a crowded after-hours club and his subsequent shooting toward a pursuing police officer. Appellant was sentenced to a term of imprisonment of 20-40 years on the third degree murder charge. Consecutive sentences on the remaining convictions resulted in an aggregate sentence for a period of incarceration of 26-59 years.

Commonwealth of Pennsylvania v. Kenneth C. Noack No. 01598HBG98 1999 PA Super 187 Filed: 7/28/99
	Appeal from the Judgment of Sentence entered September 28, 1998 in the Court of Common Pleas of Clinton County, Criminal, No. 266-98.
Before: DEL SOLE, STEVENS, JJ, and CIRILLO, P.J.E.
Opinion by: DEL SOLE, J.
Appellant was found guilty of violating the Vehicle Code by failing to maintain appropriate log books while driving a commercial motor vehicle. Appellant was parked on the side of a highway when the state trooper encountered him. Appellant admitted to the trooper that he had pulled off the highway because he realized he was approaching a weigh station and his log books were not in appropriate form. When the trooper encountered Appellant, Appellant had completed the log books through the previous day, but did not have any log for that day. 2 The trooper cited Appellant for violating a Pennsylvania-adopted section of the Code of Federal Regulations (C.F.R.) which requires drivers to keep a record of their duty status current to the time shown for the last change of duty status. Additionally, because without a current log, the trooper was unable to determine whether Appellant had had the proper amount of rest time, the trooper put Appellant “out-of-service” for eight consecutive hours. 3 Appellant proceeded to trial pro se and was convicted of violating 75 Pa.C.S.A. § 4107(b)(2) for failure to keep a log book current to his last change of duty status. He was fined $25 plus costs of $15. Appellant, now represented by counsel, appeals directly from this conviction.

Commonwealth of Pennsylvania v. David Snell No. 01306HBG98 1999 PA Super 185 Filed: 7/27/99
	Appeal from the Judgment of Sentence June 15, 1998 Docketed June 16, 1998 In the Court of Common Pleas of York County Criminal No. 190 MA 1998
Before: HUDOCK, JOYCE and STEVENS, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of York County, which, among other things, extended a PFA order against Appellant following Appellant’s conviction for indirect criminal contempt. For the reasons set forth below, we affirm.

Dolly I. Palmer v. Betty Irene Evans, Daniel W. Strader and Mary Strader No. 00761PGH98 Petition for Reargument Filed 8/10/99 Filed: 7/27/99
	Appeal from the Judgment entered on April 17, 1998 in the Court of Common Pleas of Allegheny County, Civil Division, No. GD 93-8096
Before: MUSMANNO, ORIE MELVIN and TAMILIA, JJ.
Opinion by: MUSMANNO, J.
Appellant Dolly I. Palmer (“Palmer”) appeals from a judgment entered in her favor and against Appellees Betty Irene Evans, Daniel W. Strader, and Mary Strader in this personal injury action. We affirm.

Lehigh Falls Fishing Club v. John Andrejewski No. 01338HBG98 1999 PA Super 184 Filed: 7/26/99
	Appeal from the Order Entered July 22, 1998, in the Court of Common Pleas of Luzerne County, Civil Division, at No. 1-E OF 1996
Before: CAVANAUGH, HUDOCK and HESTER, JJ.
Opinion by: HESTER, S.J.
Lehigh Falls Fishing Club appeals the trial court’s determination that the Lehigh River is a navigable waterway. We affirm.

Richard L. Baumgardner and Marcia H. Baumgardner v. Gordon D. Stuckey No. 01707HBG98 1999 PA Super 182 Filed: 7/26/99
	Appeal from the Order entered October 23, 1998 In the Court of Common Pleas of Franklin County, Civil, Vol. 8, Page 203
Before: DEL SOLE, STEVENS, JJ., and CIRILLO, P.J.E.
Opinion by: CIRILLO, P.J.E.
Richard L. and Marcia H. Baumgardner (the Baumgardners) appeal from a final decree entered in the Court of Common Pleas of Franklin County denying their motion for post-trial relief. We reverse and remand.

Commonwealth of Pennsylvania v. Carilyn A. Logue No. 01152PGH98 1999 PA Super 183 Filed: 7/26/99
	Appeal From Judgment of Sentence May 29, 1998, In the Court of Common Pleas of Venango County, Criminal No. C.R. 754-1997.
Before: DEL SOLE, STEVENS, and OLSZEWSKI, JJ.
Opinion by: OLSZEWSKI, J.
Concurring Opinion by: DEL SOLE, J.
This appeal challenges the denial of appellants’ motion to suppress evidence by the Court of Common Pleas of Venango County. Specifically, appellants ask “[w]hether the trial court committed error by permitting the admission of evidence at trial de novo which was obtained by police officers pursuant to constitutionally invalid consent to search.” Appellants’ brief, at 3. For the reasons set forth below, we affirm.

Lehigh Falls Fishing Club v. John Andrejewski No. 01337HBG98 1999 PA Super 184 Filed: 7/26/99
	Appeal from the Order Entered July 22, 1998, in the Court of Common Pleas of Luzerne County, Civil Division, at No. 1-E OF 1996
Before: CAVANAUGH, HUDOCK and HESTER, JJ.
Opinion by: HESTER, S.J.
Lehigh Falls Fishing Club appeals the trial court’s determination that the Lehigh River is a navigable waterway. We affirm.

Commonwealth of Pennsylvania v. Karen R. Edwards No. 01151PGH98 1999 PA Super 183 Filed: 7/26/99
	Appeal From Judgment of Sentence May 29, 1998, In the Court of Common Pleas of Venango County, Criminal No. C.R. 753-1997.
Before: DEL SOLE, STEVENS, and OLSZEWSKI, JJ.
Opinion by: OLSZEWSKI, J.
Concurring Opinion by: DEL SOLE, J.
This appeal challenges the denial of appellants’ motion to suppress evidence by the Court of Common Pleas of Venango County. Specifically, appellants ask “[w]hether the trial court committed error by permitting the admission of evidence at trial de novo which was obtained by police officers pursuant to constitutionally invalid consent to search.” Appellants’ brief, at 3. For the reasons set forth below, we affirm.

Commonwealth of Pennsylvania v. James R. Edwards No. 01153PGH98 1999 PA Super 183 Filed: 7/26/99
	Appeal From Judgment of Sentence May 29, 1998, In the Court of Common Pleas of Venango County, Criminal No. C.R. 755-1997.
Before: DEL SOLE, STEVENS, and OLSZEWSKI, JJ.
Opinion by: OLSZEWSKI, J.
Concurring Opinion by: DEL SOLE, J.
This appeal challenges the denial of appellants’ motion to suppress evidence by the Court of Common Pleas of Venango County. Specifically, appellants ask “[w]hether the trial court committed error by permitting the admission of evidence at trial de novo which was obtained by police officers pursuant to constitutionally invalid consent to search.” Appellants’ brief, at 3. For the reasons set forth below, we affirm.

Robert S. Watkins v. Hospital of the University of Pennsylvania, Penn Health Systems No. 03386PHL98 Petition for Reargument Filed 8/6/99 Filed: 7/23/99
	Appeal from the Order dated October 28, 1998 Docketed October 28, 1998 In the Court of Common Pleas of Philadelphia County Civil No. October Term, 1996, 1039
Before: *DEL SOLE, MONTEMUROJJ. and CIRILLO, P.J.E.**
Opinion by: MONTEMURO, J.
Concurring/Dissenting Opinion by: DEL SOLE, J.
This is an appeal from an order granting the summary judgment motion of Appellees, Hospital of the University of Pennsylvania and Penn Health Systems, in an action for negligence and lack of informed consent.

Commonwealth of Pennsylvania v. Michael Masters No. 03153PHL98 Petition for Reargument Filed 8/5/99 Filed: 7/22/99
	Appeal from the Order dated September 8, 1998, In the Court of Common Pleas of Delaware County, Criminal, No. 6050-97
Before: HUDOCK, JOYCE, and MUSMANNO, JJ.
Opinion by: JOYCE, J.
The Commonwealth appeals to this Court from the order granting Appellee's, Michael Masters', motion to suppress. For the reasons set forth below, we reverse and remand for further proceedings consistent with this opinion.

Joseph P. Riley, Jr., and Patricia Riley v. The Farmers Fire Insurance Company No. 01631HBG98 1999 PA Super 179 Filed: 7/21/99
	Appeal from the Order entered October 5, 1998 In the Court of Common Pleas of Luzerne County, Civil No. 6153-C of 1996
Before: DEL SOLE, STEVENS, JJ., and CIRILLO, P.J.E.
Opinion by: CIRILLO, P.J.E.
Joseph P. Riley, Jr. and Patricia Riley appeal from the order entered in the Court of Common Pleas of Luzerne County vacating an order confirming an umpire’s appraisal award in the amount of $8,650.00 and striking a judgment in their favor. We reverse.

Sorbee International Limited v. Chubb Custom Insurance Company, Chubb Group of Insurance No. 02314PHL98 1999 PA Super 178 Filed: 7/21/99
	Appeal from the Order Entered July 15, 1998, Docketed July 20, 1998, In the Court of Common Pleas of Philadelphia County, Civil No. 3375 Dec. Term, 1996
Before: McEWEN, P.J., POPOVICH and BECK, JJ.
Opinion by: BECK, J.
We address in the context of an insurance policy the meaning of the term “misappropriation of advertising ideas.” We affirm the trial court’s grant of summary judgment in favor of defendant-appellee Chubb Custom Insurance Company (“Chubb”).

Glen-Gery Corporation v. Warfel Construction Company No. 00032MDA99 1999 PA Super 175 Filed: 7/20/99
	Appeal from the Judgment entered November 16, 1998 In the Court of Common Pleas of Lancaster County, Civil No. 1810-1994
Before: DEL SOLE, STEVENS, JJ., and CIRILLO, P.J.E.
Opinion by: CIRILLO, P.J.E.
Glen-Gery Corporation (Glen-Gery) appeals from the order entered in the Court of Common Pleas of Lancaster County, reducing to judgment a verdict in favor of Appellee, Warfel Construction Company (Warfel). We reverse and remand.

Commonwealth of Pennsylvania v. Joseph Wolgemuth, No. 00228MDA99 Revised Opinion 7/28/99 Filed: 7/20/99
	Appeal from the Order entered November 5, 1998 In the Court of Common Pleas of Lancaster County, Criminal No. CR-00208-98, CR-00142-98
Before: DEL SOLE, STEVENS, JJ., and CIRILLO, P.J.E.
Opinion by: CIRILLO, P.J.E.
This is an appeal from an order of the Court of Common Pleas of Lancaster County granting the Commonwealth’s petition for a hearing following dismissal of a second complaint filed against appellant, Joseph Wolgemuth. We reverse.

A-1 Discount Company v. Don J. Nardi and Sandra M. Nardi, H/W, No. 02840PHL98 1999 PA Super 177 Filed: 7/20/99
	Appeal from the Order in the Court of Common Pleas of Philadelphia County, Civil Division, No. APR. Term 1989, 2601
Before: EAKIN, J., SCHILLER, J. and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Appellant, A-1 Discount Co., appeals from the August 6, 1998 Order denying its Petition to Vacate, Cancel or Strike-Off Satisfaction of Judgment.

Commonwealth of Pennsylvania, Department of Transportation, v. Gerald Hall No. 01017PGH98 Petition for Reargument Granted 9/28/99 Filed: 7/16/99
Appellant, Commonwealth Department of Transportation (PennDOT), seeks interlocutory appellate review from the orders entered denying their motion to quash the subpoenas duces tecum issued in both cases. For the reasons set forth below, we affirm.

Commonwealth of Pennsylvania, Department of Transportation, v. Gerald S. Taylor No. 01016PGH98 Petition for Reargument Granted 9/28/99 Filed: 7/16/99
Appellant, Commonwealth Department of Transportation (PennDOT), seeks interlocutory appellate review from the orders entered denying their motion to quash the subpoenas duces tecum issued in both cases. For the reasons set forth below, we affirm.

Commonwealth of Pennsylvania v. Tarquezze Hill A/K/A Rarquezze Hill, No. 04013PHL97 1999 PA Super 173 Filed: 7/15/99
	Appeal from the Judgment of Sentence September 12, 1997 In the Court of Common Pleas of Philadelphia County Criminal No. 95-07-0374
Before: FORD ELLIOTT, J., SCHILLER, J. and CERCONE, P.J.E
Opinion by: SCHILLER, J.
Appellant, Tarquezze (a/k/a Rarquezze) Hill, appeals the judgment of sentence entered on September 12, 1997, in the Court of Common Pleas of Philadelphia County following two separate trials in absentia. Under the facts of this case, we find that the trial court properly exercised its discretion to try Appellant in absentia due to his absence without cause, and that such trials did not violate Appellant’s right to confront his accusers under the Pennsylvania Constitution. We therefore affirm.

Commonwealth of Pennsylvania v. Antrone Flowers No. 02829PHL98 1999 PA Super 172 Filed: 7/15/99
	Appeal from the Judgment of Sentence in the Court of Common Pleas of Lehigh County, Criminal Division, No. 3312/1995
Before: EAKIN, J., SCHILLER, J. and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Dissenting Opinion by: SCHILLER, J.
Antrone Flowers appeals from his January 24, 1997 judgment of sentence of five (5) to fifteen (15) years’ imprisonment. Following a jury trial, appellant was found guilty of simple possession (marijuana), possession with intent to deliver, criminal conspiracy and carrying a firearm without a license. This Court dismissed a direct appeal for failure to file a brief on October 28, 1997. Upon review of appellant’s Post Conviction Relief Act petition, the trial court reinstated appellant’s direct appeal rights nunc pro tunc. The lengthy but relevant facts follow.

Commonwealth of Pennsylvania v. Rarquezze Hill A/K/A Tarquezze Hill No. 04014PHL97 1999 PA Super 173 Filed: 7/15/99
	Appeal from the Judgment of Sentence September 12, 1997 In the Court of Common Pleas of Philadelphia County Criminal No. 96-07-1187
Before: FORD ELLIOTT, J., SCHILLER, J. and CERCONE, P.J.E
Opinion by: SCHILLER, J.
Appellant, Tarquezze (a/k/a Rarquezze) Hill, appeals the judgment of sentence entered on September 12, 1997, in the Court of Common Pleas of Philadelphia County following two separate trials in absentia. Under the facts of this case, we find that the trial court properly exercised its discretion to try Appellant in absentia due to his absence without cause, and that such trials did not violate Appellant’s right to confront his accusers under the Pennsylvania Constitution. We therefore affirm.

Commonwealth of Pennsylvania v. Kathy Kraft No. 01596HBG98 1999 PA Super 170 Filed: 7/13/99
	Appeal from the Judgment of Sentence entered September 30, 1998 in the Court of Common Pleas of York County, Criminal Division, at No. 198 SCA 1998.
Before: CAVANAUGH, ORIE MELVIN, and BECK, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Kathy L. Kraft, appeals from the judgment of sentence of ninety days’ incarceration entered September 30, 1998 following her conviction of driving while under suspension, 75 Pa.C.S.A. § 1543. On appeal, she challenges the discretionary aspects of her sentence. We affirm.

Commonwealth of Pennsylvania v. R.P.S. No. 00876HBG98 Petition for Reargument Denied 9/16/99 Filed: 7/13/99
	Appeal from the Order Entered April 8, 1998, in the Court of Common Pleas of Centre County, Criminal Division, at No. 1996-1592.
Before: CAVANAUGH, HUDOCK and HESTER, JJ.
Opinion by: HESTER, J.
The Commonwealth appeals from the April 8, 1998 order wherein the trial court concluded that the minor victim in this case, L.T., was not competent to testify. We affirm.

Commonwealth of Pennsylvania v. John Michael Javit No. 01916PGH98 1999 PA Super 169 Filed: 7/13/99
	Appeal from the Order Entered September 29, 1998 In the Court of Common Pleas of Blair County, Criminal, No. 137 & 778 of 1998 F2509533
Before: CAVANAUGH, STEVENS, JJ. and CIRILLO P.J.E.
Opinion by: CAVANAUGH J.
The issue presented in this appeal is whether a person who holds a probationary license pursuant to 75 Pa.C.S.A. §1554 may be convicted of driving while operating privilege is suspended or revoked (D.U.I.-related) on the basis of violation of the hours of restriction on use (6 a.m. to 7 p.m.) of the probationary license. We hold in the affirmative and, therefore, affirm the judgment of sentence.

Dina Prokopets, Admx. of The Estate of Mark Kleydman and Dina Prokopets v. Thomas Mcgoldrick, and Mar-Kodis Diner, Inc., D/B/A The Ritz Restaurant of Philadelphia and Stephanos and Helen Kyriakodis, Ind. and as Officers/Shareholders and Directors of Mar-Kodis Diner Inc., D/B/A The Ritz Restaurant of Philadelphia Appeal of: Mar-Kodis Diner Inc., The Ritz of Philadelphia and Stephanos and Helen Kyriakodis
No. 00147EDA99 Opinion Withdrawn Filed: 7/12/99

The opinion by Judge Olszewski filed July 12, 1999, was withdrawn on July 26, 1999.

Judith Swartley v. Joel Hoffner, George Wilson, Keith Gardiner, and Lehigh University No. 00050EDA99 1999 PA Super 168 Filed: 7/12/99
	Appeal from the Order Entered November 17, 1998, In the Court of Common Pleas of Northampton County, Civil, No. 1996-C-9256.
Before: CAVANAUGH, JOYCE, and OLSZEWSKI, JJ.
Opinion by: OLSZEWSKI, J.
Judith Swartley appeals from the order of the lower court granting appellees’ motion for summary judgment dismissing her claims for breach of contract and educational malpractice. While courts in our Commonwealth have visited the issue of educational malpractice, we are presented with a case of first impression. Having reviewed relevant case law and policy considerations, we find that, as a matter of law, appellant’s causes of action must be dismissed; therefore, we affirm the decision of the court below granting summary judgment.

Commonwealth of Pennsylvania v. Doris Renee Ware No. 01120HBG98 1999 PA Super 166 Filed: 7/9/99
	Appeal from the Order Entered July 7, 1998 In the Court of Common Pleas of Lancaster County Criminal, No. 835-1997
Before: CAVANAUGH, HUDOCK and HESTER, JJ.
Opinion by: CAVANAUGH, J.
In this appeal we must determine whether the sentence imposed by the court upon revocation of appellant’s parole and probation is illegal. We affirm.

Commonwealth of Pennsylvania v. Kazimierz Arest No. 01663PHL97 1999 PA Super 165 Filed: 7/8/99
	Appeal from the Judgment of Sentence, March 17, 1997, In the Court of Common Pleas of Philadelphia County Criminal, No. M.R. 97-000830 and M.C. 9601-2153
Before: McEWEN, P.J., CAVANAUGH, DEL SOLE, KELLY, EAKIN, JOYCE, STEVENS, SCHILLER, AND LALLY-GREEN, JJ.
Opinion by: KELLY, J.
In this appeal, the Commonwealth asks us to determine whether Appellee Kazimierz Arest’s sentence for a second conviction for driving under the influence of alcohol (“DUI”) is illegal. Specifically, we must decide whether the sentence is illegal where Appellee was sentenced to house arrest, without drug and alcohol treatment. We hold that the sentence as imposed is illegal because it did not include a drug and alcohol treatment component as mandated by statute. Accordingly, we vacate the judgment of sentence and remand for re-sentencing consistent with 75 Pa.C.S.A. § 3731(e)(1)(ii) and this opinion.

George Willits & Joyce Willits, his Wife v. Thomas L. Fryer, II and Melinda A. Fryer No. 01729HBG98 1999 PA Super 164 Filed: 7/7/99
	Appeal from Judgment Entered October 8, 1998, Docketed October 9, 1998, in the Court of Common Pleas of Clinton County, Civil, No. 994-98.
Before: McEWEN, P.J.; FORD ELLIOTT and OLSZEWSKI, JJ.
Opinion by: OLSZEWSKI, J.
On July 26, 1996, Thomas and Melinda Fryer (“appellants”) signed a promissory note, whereby George Willits loaned appellants $2,900.00 and appellants agreed to pay Mr. Willits monthly payments of $38.16. Appellants signed this note shortly before closing on the purchase of a residential home owned by George and Joyce Willits (“appellees”), in order to finance their closing costs. Appellants failed to make any monthly payments under the note; therefore, on August 18, 1998, appellees petitioned for a confession of judgment based on the language of the signed note. On September 4, 1998, appellants petitioned to open and/or strike the judgment by confession. On October 8, 1998, after conducting a hearing on the merits, the court below issued an order denying appellants’ petition to open and/or strike the judgment. This timely appeal follows. 2 Appellants present this Court with the following question(s): 1. Whether the Court of Common Pleas committed error of law in: A. Failing to consider whether the Appellants are natural persons; B. Failing to consider that the instrument was signed by Appellants in connection with a consumer transaction; C. Failing to consider the circumstances under which Appellants signed the instrument in question; D. Failing to consider whether Appellants knowingly waived any due process rights which they might have by signing the instrument; E. Failing to consider that Appellants could and should be able to assert various defenses to enforcement of the Note based upon defects in the property purchased for which the underlying instrument was signed; and F. Failing to consider the ambiguous language contained in the instrument. Appellants’ brief, at 4. After reviewing appellants’ arguments, we reverse the decision of the court below and remand for further proceedings in light of our decision.

Lynda M. Dupre On Behalf of The Phillip Dupre Family, v. Seven Springs Farm, Inc., Along With Certain of Its Directors, James M. Crowley, Denise M. Dupre, James M. Mcclure, Joyce S. Monigal, Richard G. Patton, Charles N. Santry, Frank S. Sujansky, and James V. Sujansky No. 00015WDA99 Petition for Reargument Filed 7/15/99 Filed: 7/1/99
	Appeal from the Order entered December 2, 1998, in the Court of Common Pleas of Somerset County, Civil Nos. 535, 543 CIVIL 1998
Before: EAKIN, SCHILLER and BROSKY, JJ.
Opinion by: EAKIN, J.
Dissenting Opinion by: SCHILLER, J.
Seven Springs Resort, founded by Adolph and Helen Dupre in 1932, was incorporated in Pennsylvania as Seven Springs Farm, Inc., in 1959. Adolph and Helen Dupre had three children, Philip Dupre, Herman Dupre and Luitgarde Dupre (Sujansky), among whom they distributed all the stock of Seven Springs in equal shares. Descendants of each child of the founders still control one-third of the stock, although there are now 45 different shareholders. Appellant Lynda M. Dupre Croker, one of Philip Dupre’s daughters, represents the interests of that family in this litigation.

Seven Springs Farm, Inc., A Pennsylvania Corporation, v. Lynda Dupre Croker No. 00014WDA99 Petition for Reargument Filed 7/15/99 Filed: 7/1/99
	Appeal from the Order entered December 2, 1998, in the Court of Common Pleas of Somerset County, Civil Nos. 535, 543 CIVIL 1998
Before: EAKIN, SCHILLER and BROSKY, JJ.
Opinion by: EAKIN, J.
Seven Springs Resort, founded by Adolph and Helen Dupre in 1932, was incorporated in Pennsylvania as Seven Springs Farm, Inc., in 1959. Adolph and Helen Dupre had three children, Philip Dupre, Herman Dupre and Luitgarde Dupre (Sujansky), among whom they distributed all the stock of Seven Springs in equal shares. Descendants of each child of the founders still control one-third of the stock, although there are now 45 different shareholders. Appellant Lynda M. Dupre Croker, one of Philip Dupre’s daughters, represents the interests of that family in this litigation.