2003 August

Presbyterian Medical Center, 1215 Hulton Road, Oakmont, Pennsylvania 15139, Appellant Vs. Elizabeth G. Budd, 173 Main Street, Apt. A, Sandwich, Ma 02653-2284, Appellee No. 01279WDA02 2003 PA Super 323 Filed: 8/29/2003
	Appeal From The Order Dated June 26, 2002 In The Court Of Common Pleas Of Allegheny County Civil, No. G.D. 01-20941
Before: TODD, BENDER, and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Presbyterian Medical Center (“PMC”), asks us to review the order entered in the Allegheny County Court of Common Pleas, which sustained the preliminary objections filed by Appellee, Elizabeth Budd (“Ms. Budd”), and dismissed with prejudice PMC’s complaint alleging breach of contract, fraud, violations of the Uniform Fraudulent Transfer Act (“UFTA”), and equitable support and restitution. Specifically, PMC submits it has pleaded sufficient facts to hold Ms. Budd liable for the outstanding debt owed to PMC by Ms. Budd’s mother, Betty S. Budd (“Mother”), who was a PMC resident at the time of her death. We hold that the trial court properly dismissed PMC’s complaint on all counts except for PMC’s count for equitable support and restitution. On that count, we hold that PMC has established a cause of action sounding in support under 62 Pa.C.S.A. § 1973. Accordingly, we affirm in part, reverse in part, and remand for further proceedings regarding PMC’s support action against Ms. Budd.

Francesca Marra V. LAWRENCE MARRA, Sr., Now ESTATE OF LAWRENCE MARRA, Sr., DECEASED Appeal Of: Estate Of Lawrence Marra No. 02960EDA02 2003 PA Super 321 Filed: 8/28/2003
	Appeal From The Order Entered August 21, 2002 In The Court Of Common Pleas Of Northampton County Civil Division At No. 1988-C-961.
Before: JOYCE, ORIE MELVIN and BECK, JJ.
Opinion by: BECK, J.
This is an appeal from the order of the trial court setting forth precisely what property of the parties was subject to equitable distribution and the manner in which that property was to be divided between them. In addition, the court awarded attorney’s fees to appellee/wife. We affirm.

Pennsylvania Manufacturers’ Association Insurance Company, Appellant V. L.B. Smith, Inc., Environmental & Recycling Services, Inc., Cmi Corp. No. 01667MDA02 2003 PA Super 322 Filed: 8/28/2003
	Appeal From The Order Entered September 24, 2002 In The Court Of Common Pleas Of Lackawanna County, Civil No. 2681 Of 2002
Before: STEVENS, LALLY-GREEN and KLEIN, JJ.
Opinion by: KLEIN, J.
Pennsylvania Manufacturers’ Association Insurance Company (PMA) appeals from an order entered on September 24, 2002, granting summary judgment to L.B. Smith, Inc. (LBS), and denying its own cross-motion for summary judgment. We reverse and direct that judgment be entered in favor of PMA.

Thermal C/M Services, Inc., Appellant V. Penn Maid Dairy Products And 2701 Red Lion Associates, L.P., Appellees No. 02691EDA02 2003 PA Super 318 Filed: 8/28/2003
	Appeal From The Order Dated July 24, 2002, In The Court Of Common Pleas Of Philadelphia County, Civil Division, At No. 001828, June Term, 2002.
Before: ORIE MELVIN, BOWES AND BECK, JJ.
Opinion by: BOWES, J.
Concurring Opinion by: ORIE MELVIN, J.
Appellant, Thermal C/M Services, Inc. (“Thermal”), appeals as a matter of right from an interlocutory order denying its motion to compel arbitration. We affirm.

Commonwealth Of Pennsylvania, Appellee V. Abraham G. Weeks, Appellant No. 02450EDA02 2003 PA Super 320 Filed: 8/28/2003
	Appeal From The PCRA Order, Entered July 8, 2002 In The Court Of Common Pleas Of Philadelphia County, Criminal Division, At No. 75-02-1199 3/3
Before: DEL SOLE, P.J., TODD and KELLY, JJ.
Opinion by: DEL SOLE, P.J.
Appellant appeals an order denying his Post Conviction Relief Act (“PCRA”) petition. After review, we affirm.

Commonwealth Of Pennsylvania, Appellee v. David Jason Long, Appellant No. 01509WDA02 2003 PA Super 319 Filed: 8/26/2003
	Appeal From The Judgment Of Sentence Entered May 21, 2002, In The Court Of Common Pleas Of Fayette County, Pennsylvania, Criminal, At No. 934Ľ Of 2001
Before: DEL SOLE, P.J., GRACI, and BECK, JJ.
Opinion by: GRACI, J.
Appellant, David Jason Long (“Long”), appeals from the May 21, 2002, Judgment of Sentence entered in the Court of Common Pleas of Fayette County. For the following reasons, we affirm the judgment of sentence.

Commonwealth Of Pennsylvania, Appellee V. Odell Debose Appeal Of: Scott Reid, Esquire No. 01203EDA02 Petition for Reargument Denied 10/23/2003 Filed: 8/26/2003
	Appeal From The Judgment Of Sentence In The Court Of Common Pleas Of Philadelphia County, Criminal Division, No. 0204-0467 1/1
Before: TODD, GRACI and TAMILIA, JJ.
Opinion by: TAMILIA, J.
On April 4, 2002, following a bench trial, Attorney Scott Reid was found in contempt of court for failing to appear for trial on two separate occasions, February 13 and 14, 2002. Consequently, he was fined $250 for each unauthorized absence. We affirm in part and reverse in part.

Mecca El V. James Scott Murzyn And The City Of Philadelphia Appeal Of: James Scott Murzyn No. 02632EDA01 2003 PA Super 311 Filed: 8/25/2003
	Appeal From The Judgment Entered July 18, 2001 In The Court Of Common Pleas Of Philadelphia County, Civil Division, At No. 989 November Term 1993
Before: DEL SOLE, P.J., GRACI and BECK, JJ.
Opinion by: DEL SOLE, P.J.
James Murzyn appeals from the judgment entered against him upon praecipe of Appellee pursuant to Pa.R.C.P. 227.4(1)(b) in this personal injury case. Upon review, we vacate the judgment and remand the case for a new trial.

Commonwealth Of Pennsylvania, Appellee V. Patrick Anthony Duda, Appellant No. 00872WDA02 2003 PA Super 315 Filed: 8/25/2003
	Appeal From The Judgment Of Sentence Entered May 22, 2002 In The Court Of Common Pleas Of Allegheny County, Criminal Division, At No. CC 200100666
Before: DEL SOLE, P.J., GRACI and BECK, JJ.
Opinion by: DEL SOLE, P.J.
Appellant Patrick Duda was found guilty, after a non-jury trial, of summary harassment. He was sentenced to ninety days’ incarceration. This appeal followed.

Commonwealth Of Pennsylvania, Appellee V. M.D.P., Appellant No. 01647WDA02 2003 PA Super 313 Filed: 8/25/2003
	Appeal From The Order Dated August 9, 2002, In The Court Of Common Pleas Of Clarion County, Criminal Division, At No(S). 294 CR 2002
Before: HUDOCK, LALLY-GREEN, and CAVANAUGH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, M.D.P., appeals from the order dated August 9, 2002 and entered August 12, 2002, granting in part and denying in part, his Motion to Dismiss. We affirm.

Commonwealth Of Pennsylvania, Appellee V. Harry L. Bolton, Appellant No. 02042WDA02 2003 PA Super 314 Filed: 8/25/2003
	Appeal From The Judgment Of Sentence Entered On October 21, 2002, In The Court Of Common Pleas Of Allegheny County, Criminal Division, At No(S). CL 2002-1521
Before: HUDOCK, LALLY-GREEN, and CAVANAUGH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, Harry L. Bolton, appeals from the judgment of sentence entered on October 21, 2002, following his convictions for driving a vehicle without proper financial responsibility and driving on a DUI related license suspension. We affirm.

Commonwealth Of Pennsylvania, Appellant V. John Welgos No. 01445MDA02 2003 PA Super 317 Filed: 8/25/2003
	Appeal From The Order Entered August 12, 2002 In The Court Of Common Pleas Of Luzerne County, Criminal Nos. 1529, 2493 Of 1998 & 3730 Of 2001
Before: JOYCE, KLEIN, JJ. and McEWEN, P.J.E.
Opinion by: PER CURIAM
The Commonwealth appeals from the order entered in the Court of Common Pleas of Luzerne County granting John Welgos immediate work release as well as release for the birth of his child and for childcare purposes. The Commonwealth claims that because Welgos is serving his sentence under the auspices of the State Bureau of Corrections, the trial court had no jurisdiction to authorize Welgos’ release. Upon careful review of the record, and because we determine that Welgos was serving a county sentence, not a state sentence, we affirm.

Commonwealth Of Pennsylvania, Appellee V. Avery Everette Bracey, Appellant No. 01625MDA02 2003 PA Super 309 Filed: 8/22/2003
	Appeal from the Judgment of Sentence entered September 13, 2002, in the Court of Common Pleas, Lancaster County, Criminal, No. 1018-2002
Before: JOYCE, KLEIN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
Concurring Opinion by: KLEIN, J.
Appellant, Avery Everette Bracey, brings this appeal from the judgment of sentence to serve a total term of imprisonment of from six years to fourteen years, imposed after the jury found him guilty of robbery, aggravated assault, and theft by unlawful taking. We affirm in part and vacate in part.

Mary C. And Robert Cresswell, H/W, Appellants v. Edward G. End, Appellee No. 02884EDA02 2003 PA Super 308 Filed: 8/22/2003
	Appeal From The Order Entered August 14, 2002, In The Court Of Common Pleas Of Montgomery County, Pennsylvania, Civil, At No. 99-11215
Before: DEL SOLE, P.J., GRACI, and BECK, JJ.
Opinion by: GRACI, J.
Appellants, Mary C. and Robert Cresswell (the “Cresswells”), appeal from an order entered August 14, 2002, in the Court of Common Pleas of Montgomery County, granting summary judgment in favor of Appellee, Edward G. End (“End”). We affirm.

Commonwealth Of Pennsylvania, Appellee V. Martin L. Schmotzer, Appellant No. 01673WDA02 2003 PA Super 312 Filed: 8/22/2003
	Appeal From The Double Jeopardy Order Entered On July 8, 2002, In The Court Of Common Pleas Of Allegheny County, Criminal Division, At No. CC 200012881.
Before: HUDOCK, LALLY-GREEN, and CAVANAUGH, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, Martin L. Schmotzer, appeals from the double jeopardy order of the Allegheny County Court of Common Pleas entered on July 8, 2002, denying his motion to dismiss criminal charges against him. We affirm.

John B. Conomos, Inc., Appellee V. Sun Company, Inc. (R&M), Appellant No. 01213WDA02 2003 PA Super 310 Filed: 8/22/2003
	Appeal From The Judgment Entered On June 11, 2002, In The Court Of Common Pleas Of Allegheny County, Civil Division, At No(S). G.D. 98-6717.
Before: HUDOCK, LALLY-GREEN, and CAVANAUGH, JJ.
Opinion by: LALLY-GREEN, J.
This is an appeal from a judgment following a non-jury verdict in favor of Appellee, John B. Conomos, Inc. (“Conomos”), and against Appellant, Sun Company, Inc. (R&M) (“Sun”). We hold that, absent fraud or unconscionability, a bad faith breach is an insufficient basis for invalidating a limited liability provision where the parties had agreed by contract that one party (the breacher) could cancel the contract at any time at its option whether or not the other party was in default of its obligations, where the breacher cancelled the contract, and where the limitation of liability damages applied to cancellation. However, the trial court’s refusal to enforce the limitation of damages provision in the contract was harmless error under the facts of this case. We affirm.

Commonwealth Of Pennsylvania, Appellee V. Margaret Dellisanti, Appellant No. 01830EDA01 Revised Opinion 10/1/2003 Filed: 8/21/2003
	Appeal From The Judgment Of Sentence Dated June 7, 2001, In The Court Of Common Pleas Of Montgomery County, Criminal Division At No(S). 4267-00 And 7285-99.
Before: DEL SOLE, P.J., MCEWEN, P.J.E., HUDOCK, JOYCE, STEVENS, TODD, KLEIN, BENDER, AND GRACI, JJ.
Opinion by: McEWEN, P.J.E.
Concurring/Dissenting Opinion by: JOYCE, J.
Appellant, Margaret Dellisanti has taken this direct appeal from the judgment of sentence imposed after a jury found her guilty of two counts of corrupt organizations, four counts of delivery of drug paraphernalia, one count of possession with intent to deliver drug paraphernalia, and five counts of criminal conspiracy. We affirm in part, and vacate and remand for resentencing.

Commonwealth Of Pennsylvania, Appellee V. Yakee Bentley, Appellant No. 01596EDA02 2003 PA Super 305 Filed: 8/21/2003
	Appeal From The Judgment Of Sentence In The Court Of Common Pleas Of Philadelphia County, Criminal Division, No. 99-12-0141
Before: TODD, GRACI and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Concurring Opinion by: GRACI, J.
The Commonwealth appeals from an Order dated April 26, 2002 granting Yakee Bentley’s post-sentence motion for new trial. On appeal, the Commonwealth claims the trial court’s Order granting Bentley’s post-sentence motion for new trial is a legal nullity because the court no longer had jurisdiction to rule on this matter pursuant to Pa.R.Crim.P. 720, Post-Sentence Procedures; Appeal.

Commonwealth Of Pennsylvania, Appellee V. Reginald Taylor, Appellant No. 00986MDA02 2003 PA Super 307 Filed: 8/21/2003
	Appeal From The Judgment Of Sentence January 17, 2002 In The Court Of Common Pleas Of Luzerne County Criminal At No. 1883 Of 2001
Before: STEVENS, LALLY-GREEN, and KLEIN, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Luzerne County on January 17, 2002, following Appellant’s conviction by a jury on two counts of robbery and one count of theft. We dismiss without prejudice pursuant to Commonwealth v. Grant, ___ Pa. ___, 813 A.2d 726 (2002), and, in all other respects, affirm the judgment of sentence.

Commonwealth Of Pennsylvania, Appellee V. Raymond Bishop, Appellant No. 02532EDA02 2003 PA Super 306 Filed: 8/21/2003
	Appeal From The Judgment Of Sentence Entered On May 20, 2002 In The Court Of Common Pleas Of Delaware County, Criminal Division, No. 3665-01
Before: MUSMANNO, KLEIN and POPOVICH, JJ.
Opinion by: MUSMANNO, J.
Raymond Bishop (Bishop) appeals from the judgment of sentence entered following his guilty plea to theft by receiving stolen property. We affirm.

Scott Melton V. Jean K. Melton V. Jodene L. Berry No. 00920WDA02, 00921WDA02, 00964WDA02 Revised Opinion 9/2/2003 Filed: 8/20/2003
	Appeal From The Orders Entered On April 29, 2002, In The Court Of Common Pleas Of Allegheny County, Family Court Division, At No(S). F.D.-94-09467-004.
Before: HUDOCK, LALLY-GREEN, and CAVANAUGH, JJ.
Opinion by: LALLY-GREEN, J.
In this equitable distribution/alimony case, Appellant, Scott Melton (“Husband”), appeals from the order dated April 29, 2002. We reverse and remand.

Commonwealth Of Pennsylvania V. Karen Smith No. 02043WDA02 2003 PA Super 301 Filed: 8/19/2003
	Appeal From The Judgment Of Sentence Entered October 17, 2002 In The Court Of Common Pleas Of Blair County, Criminal Division, At No. 2002 CR 991.
Before: ORIE MELVIN, LALLY-GREEN and BENDER, JJ.
Opinion by: ORIE MELVIN
Appellant, Karen Smith, appeals from the judgment of sentence of 48 hours to 18 months’ incarceration imposed following her conviction of driving under the influence (DUI) and related summary offense. Appellant claims she established the affirmative defense of “involuntary intoxication” thereby negating the state of mind necessary to support a conviction of DUI. After review, we affirm.

Wayne Swords And Bernell Swords V. Harleysville Insurance Companies No. 00240MDA01 2003 PA Super 302 Filed: 8/19/2003
	Appeal From The Order Entered December 28, 2000 In The Court Of Common Pleas Of Lancaster County, Civil No. CI 00-04462
Before: DEL SOLE, P.J., JOHNSON, HUDOCK, MUSMANNO, LALLY-GREEN, KLEIN, BENDER, BOWES and GRACI, JJ.
Opinion by: KLEIN, J.
Wayne Swords owned a registered but uninsured automobile. Swords was involved in an accident while driving a car owned by his father and insured by Pennland, a company related to the Harleysville Insurance Companies. He sued for medical benefits and lost wages under 75 Pa.C.S.A § 1712. The trial court allowed the benefits. We reverse and remand to the trial court for the entry of a declaration in favor of Harleysville.

Flender Corporation V. Tippins International, Inc., Formerly Known As Tippins Incorporated No. 01392WDA02 2003 PA Super 300 Filed: 8/18/2003
	Appeal From The Order Entered July 16, 2002, Court Of Common Pleas, Allegheny County, Civil Division At No. GD 02-1039.
Before: JOHNSON, KLEIN, and POPOVICH, JJ.
Opinion by: JOHNSON, J.
Tippins International, Inc., appeals the trial court’s order denying its motion to compel arbitration under the terms of a commercial contract. The trial court determined that the arbitration clause on which Tippins relies was merely a part of its offer of purchase and never became a part of the parties’ contract. The court determined, in addition, that the parties formed a contract through course of conduct pursuant to section 2207(c) of the Pennsylvania Commercial Code that did not include an arbitration provision. Upon review, we conclude that the trial court did not commit reversible error. Consequently, we affirm the court’s order.

Nationwide Insurance Enterprise And Nationwide Mutual Insurance Co. V. Anastasis Moustakidis Anastasis Moustakidis V. Nationwide Insurance Enterprise And Nationwide Mutual Insurance Co. No. 02945EDA02 2003 PA Super 299 Filed: 8/18/2003
	Appeal From The Order Entered July 10, 2002 In The Court Of Common Pleas Of Montgomery County, Civil Division, At Nos. 02-04010 And 00-07748.
Before: JOYCE, ORIE MELVIN and BECK, JJ.
Opinion by: ORIE MELVIN, J.
Appellant, Anastasis Moustakidis, appeals from the July 10, 2002 Order granting Appellees’, Nationwide Insurance Enterprise and Nationwide Mutual Insurance Company (Nationwide’s), petition to enforce an alleged settlement agreement relating to uninsured motorist benefits. We affirm.

Commonwealth Of Pennsylvania v. Harry Bretz No. 00358WDA03, 00359WDA03 2003 PA Super 298 Filed: 8/15/2003
	Appeal From The PCRA Order Entered January 28, 2003, In The Court Of Common Pleas Of Erie County, Pennsylvania, Criminal, At No. 1393 Of 2001
Before: BOWES, GRACI, and KELLY, JJ.
Opinion by: GRACI, J.
Appellant, Harry Bretz (“Bretz”), appeals from two orders entered in the Court of Common Pleas of Erie County on January 28, 2003, each denying his petition for relief under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546 (“PCRA”). We affirm.

Christopher A. Bednarek V. Miriam Velazquez Alfred G. Howell, Esq., Guardian Ad Litem For Laura And Christopher Bednarek No. 02915EDA02 2003 PA Super 296 Filed: 8/15/2003
	Appeal From The Order Entered August 20, 2002, In The Court Of Common Pleas Of Wayne County, Pennsylvania, Domestic Relations Division, At No. 683-1998-D.R.
Before: DEL SOLE, P.J., GRACI and BECK, JJ.
Opinion by: GRACI, J.
In this appeal we consider whether a Gruber analysis is appropriate in an inter-county move. We find that the determination, as to whether a Gruber analysis should be applied, should be left to the discretion of the trial court, and that the trial court properly accomplished the Gruber inquiry in this case. We affirm the decision of the trial court.

Troy Schantz V. Gary Barbera Dodgeland No. 02880EDA02, 03238EDA02 2003 PA Super 295 Filed: 8/15/2003
	Appeal From The Orders Filed August 13 And August 28, 2002 In The Court Of Common Pleas Of Philadelphia County, Civil Division, At No. 003937 May Term 2002
Before: DEL SOLE, P.J., JOHNSON and BECK, JJ.
Opinion by: DEL SOLE, P.J.
This is an appeal from an order sustaining Appellee’s preliminary objections, dismissing Appellant’s action in the Court of Common Pleas and directing that the matter proceed to arbitration.

In The Interest Of: B.S., A Minor No. 01968WDA02 2003 PA Super 297 Filed: 8/14/2003
	Appeal From The Order Dated October 31, 2002, In The Court Of Common Pleas Of Allegheny County, Family Court, At Docket No. 1941-01, Jid No. 66648-A.
Before: FORD ELLIOTT, OLSZEWSKI, JJ.; and McEWEN, P.J.E.
Opinion by: OLSZEWSKI, J.
B.S. (appellant) appeals the commitment order of October 31, 2002, entered following the Juvenile Court’s finding him delinquent for having committed burglary, 18 Pa.C.S.A. § 3502; theft, 18 Pa.C.S.A. § 3921; and receiving stolen property, 18 Pa.C.S.A. § 3925. We find that appellant has not waived his claims and furthermore, as the evidence was insufficient to have sustained the finding of delinquency, we reverse the order.

Commonwealth Of Pennsylvania v. Jamal Burkett, A/K/A Dante Burkett No. 01991EDA02 2003 PA Super 293 Filed: 8/12/2003
	Appeal From The Judgment Of Sentence Entered May 30, 2002, In The Court Of Common Pleas Of Philadelphia County, Pennsylvania, Criminal, At No. 0105-1108 1/1
Before: TODD, GRACI, and TAMILIA, JJ.
Opinion by: GRACI, J.
Appellant, Jamal Burkett, a/k/a Dante Burkett (“Burkett”), appeals from the judgment of sentence entered May 30, 2002, in the Court of Common Pleas of Philadelphia County. We affirm.

Razvan C. Stelea And Stacey Stelea, His Wife V. Nationwide Mutual Insurance Company No. 00156MDA02 2003 PA Super 294 Filed: 8/12/2003
	Appeal From The Order Entered December 31, 2001 In The Court Of Common Pleas Of Luzerne County Civil At No. 1758-C Of 2001
Before: STEVENS, BOWES, and CAVANAUGH, JJ.
Opinion by: STEVENS, J.
Appellants, Razvan C. Stelea and Stacey Stelea, his wife, appeal from the order entered on December 31, 2001 in the Court of Common Pleas of Luzerne County denying Appellants’ petition to modify, correct and/or vacate the underinsurance award of arbitrators. The issue on appeal involves voluntary waiver of underinsured motorist coverage and subsequent preclusion from recovering benefits for bodily injury from a separate automobile insurance policy issued on another vehicle owned by the motorist. The preclusion is based upon a household exclusion clause excluding underinsured motorist coverage for bodily injury suffered while operating a motor vehicle not insured for underinsured motorist coverage. For the reasons that follow, we affirm.

In Re: C.M.S., A Minor APPEAL OF: T.S. AND R.S. No. 01742MDA02 Petition for Reargument Denied 10/16/2003 Filed: 8/11/2003
	Appeal From The Order Entered October 4, 2002, In The Court Of Common Pleas Of Dauphin County, Orphans' Court Division At No. 5928-2002.
Before: JOYCE, KELLY and POPOVICH, JJ.
Opinion by: POPOVICH, J.
This is an appeal from the order entered on October 4, 2002, in the Court of Common Pleas, Dauphin County, which denied T.S. and R.S.’s petition for involuntary termination of D.E.H., Jr.’s (Father) parental rights as to his minor child, C.M.S. Upon review, we reverse and remand for proceedings consistent with this Opinion.

Robert Fredericks And Lindy Fredericks, H/W V. George Sophocles And Annette Sophocles, T/A Paoli Medical Arts Partnership No. 00152EDA03 2003 PA Super 291 Filed: 8/11/2003
	Appeal From The Order Entered December 10, 2002 In The Court Of Common Pleas Of Chester County Civil No. 01-058015
Before: *STEVENS, MONTEMURO and KELLY, JJ.**
Opinion by: MONTEMURO, J.
This is an appeal from an order entering summary judgment in favor of Appellees in a personal injury action.

Commonwealth Of Pennsylvania Vs. Clifford J. Anderson No. 01552WDA02 2003 PA Super 290 Filed: 8/7/2003
	Appeal From The Judgment Of Sentence May 16, 2001 In The Court Of Common Pleas Of Butler County Criminal, C.A. No. 1189 Of 2000
Before: TODD, GRACI, and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Clifford J. Anderson, asks us to determine whether the trial court miscalculated his prior record score and consequently imposed an excessive sentence without sufficient reasons for sentencing Appellant in the aggravated range of the sentencing guidelines. Appellant also questions whether the court relied on improper factors when imposing Appellant’s sentence. We hold the trial court properly calculated Appellant’s prior record score where Appellant’s previous sentences were not totally concurrent, and adequately stated its reasons for the sentence imposed. We further hold Appellant has waived his claim that the court considered improper factors at sentencing for failing to object at sentencing or preserve the issue in a post-sentencing motion. Accordingly, we affirm.

Commonwealth Of Pennsylvania V. Barrae Choice No. 00788EDA02 2003 PA Super 288 Filed: 8/7/2003
	Appeal From The Order Entered February 15, 2002 In The Court Of Common Pleas Of Philadelphia County Criminal Division At No. 9612-0021
Before: KLEIN, BENDER, and CAVANAUGH, JJ.
Opinion by: BENDER, J
Dissenting Opinion by: KLEIN, J.
This is an appeal from an order denying Appellant’s PCRA petition. Appellant raises one question for our review, does the testimony of two police officers, discovered in a civil proceeding occurring after Appellant’s trial, indicating that the Commonwealth’s only eyewitness told them that he did not look at the robber’s face, that he only caught a glimpse of the robber, and that Appellant only resembled the robber, constitute after-discovered evidence sufficient to grant a new trial. We affirm.

Commonwealth Of Pennsylvania V. Eugene Lee Stanley No. 01187WDA02, 01215WDA02 2003 PA Super 289 Filed: 8/7/2003
	Appeal From The Order Dated June 26, 2002, In The Court Of Common Pleas Of Allegheny County, Criminal Division, At No(S). CC 1999-11741
Before: HUDOCK, LALLY-GREEN, and CAVANAUGH, JJ.
Opinion by: LALLY-GREEN, J.
The Commonwealth appeals from the order dated June 26, 2002, granting Appellee, Eugene L. Stanley (“Stanley”) a new trial because of the ineffectiveness of defense counsel. Stanley cross-appealed from the same order. We vacate the order and remand for further proceedings

In Re: Trust Of Henry Orth Hirt, Settlor, Trust Under Agreement Restated December 22, 1980 Appeal Of: Laurel Ann Hirt No. 01024WDA02 Petition for Reargument Denied 10/16/2003 Filed: 8/7/2003
	Appeal From The Order May 17, 2002 In The Court Of Common Pleas Of Erie County Orphan’s Court, Nos. 100-1998 And 101-1998
Before: TODD, BENDER, and KELLY, JJ.
Opinion by: KELLY, J.
Dissenting Opinion by: BENDER, J.
Appellant, Laurel Ann Hirt, asks us to review the order entered in the Erie County Court of Common Pleas, which construed the Trust Agreement of Henry Orth Hirt (“Trust”) so that Appellees, the trustees of the Trust (“Trustees”), could implement a funding proposal and voting trust agreement in order to provide a mechanism for payment of expenses generated by the Trust. Appellant avers that the trial court acted beyond the scope of permissible trust construction when it adopted the Trustees’ funding proposal. Appellant further asserts that the funding proposal adopted by the court directly violates the Trust’s primary purpose of maintaining unified family control of the Erie Indemnity Company (“Company”). We hold that the trial court’s construction of the Trust is a sound reflection of the Settlor’s intent under the circumstances of this case. The Trust can be read to allow the adoption of the funding proposal, which solves the problem of the Trust’s excess expenses while advancing the Trust’s primary purpose of preserving within the Hirt family the unified and centralized control of the Erie Indemnity Company. Accordingly, we affirm the order of the trial court that construed the Hirt Trust to allow implementation of the Trustees’ funding proposal and voting trust agreement.

In The Interest Of: S.B., A Minor Appeal Of: F.B. And A.M.B., The Parents Of The Above-Named Minor In The Interest Of: E.B., A Minor Appeal Of: F.B. And A.M.B., The Parents Of The Above-Named Minor No. 01052WDA02, 01053WDA02 2003 PA Super 286 Filed: 8/6/2003
	Appeal From The Order In The Court Of Common Pleas Of Beaver County, Criminal Division At Juvenile No. 134-2001
Before: JOYCE, BOWES and TAMILIA, JJ.
Opinion by: TAMILIA, J.
Father and mother, F.B. and A.M.B., respectively, appeal the May 21, 2002 Order, adopting the findings of the master with regard to their children, placing E.B, a female, in foster care with the goal of adoption, and S.B., a male, in the custody of appellants under the protective supervision of Beaver County Children and Youth Services (CYS).

Commonwealth Of Pennsylvania V. Robert Bullick No. 03522EDA02 2003 PA Super 285 Filed: 8/4/2003
	Appeal From The Judgment Of Sentence October 24, 2002 In The Court Of Common Pleas Of Bucks County Criminal Division At No. 2002-4702
Before: *JOHNSON, BENDER and MONTEMURO, JJ.**
Opinion by: BENDER, J.
Robert Bullick (Appellant) appeals from the judgment of sentence imposed following the October 24, 2002 bench trial in which he was found guilty of the summary offense of reckless driving, 75 Pa.C.S. § 3736. We reverse.

County Of Delaware Vs. J.P. Mascaro & Sons, Inc. No. 00509EDA03 2003 PA Super 284 Filed: 8/1/2003
	Appeal From The Judgment Entered May 2, 2002 In The Court Of Common Pleas Of Delaware County Civil, No. 99-3555
Before: *STEVENS, MONTEMURO, and KELLY, JJ.**
Opinion by: KELLY, J.
Appellant, J.P. Mascaro & Sons, Inc. (“Mascaro”), appeals from the judgment entered in the Court of Common Pleas of Delaware County, awarding Appellee, (“Delaware County”), $305,910.00 on its contractual indemnification claim. Specifically, Mascaro asks us to decide whether the trial court erred when it determined that Mascaro must reimburse Delaware County for expenses Delaware County incurred in settling the state and federal actions brought against it. We hold that the trial court properly entered judgment against Mascaro for the full amount of Delaware County’s settlement costs and attorney fees, plus interest. Accordingly, we affirm.