2003 June

Rosezetta Marie Ward V. Jeffrey W. Rice, D.M.D. And Jeffry W. Rice, D.M.D., P.C. No. 01242WDA02 2003 PA Super 248 Filed: 6/27/2003
	Appeal From The Judgment Entered June 18, 2002, In The Court Of Common Pleas Of Clearfield County, Civil Division At No. 97-1192-CD.
Before: JOHNSON, KLEIN and POPOVICH, JJ
Opinion by: POPOVICH, J.
Appellant Rosezetta Marie Ward appeals the entry of summary judgment in favor of Jeffrey W. Rice, D.M.D., and Jeffrey W. Rice, D.M.D., P.C. Appellant alleges that the trial court erred in dismissing the suit as time-barred. We reverse.

Virginia Biernacki V. Presque Isle Condominiums Unit Owners Association, Inc., Also Known As Presque Isle Condo-Miniums Owners Association, Inc., Great Lakes Landscaping No. 01605WDA02 2003 PA Super 247 Filed: 6/26/2003
	Appeal From The Order Entered August 8, 2002, In The Court Of Common Pleas Of Erie County, Pennsylvania, Civil, At No. 13928-1999
Before: TODD, GRACI, and KELLY, JJ.
Opinion by: GRACI, J.
In this civil action commenced by Appellant, Virginia Biernacki (hereinafter “Biernacki”), Biernacki appeals from the Order entered by the Court of Common Pleas of Erie County on August 8, 2002, granting summary judgment in favor of Appellees, Presque Isle Condominiums Unit Owners Association, Inc. (hereinafter “Association”) and Great Lakes Landscaping (hereinafter “Great Lakes”). We affirm.

Northern Insurance Company Of New York V. Alfreda Resinski And Lawrence Resinski Appeal Of: Alfreda Resinski No. 03863EDA02 2003 PA Super 246 Filed: 6/24/2003
	Appeal From The Order Entered November 26, 2002, Court Of Common Pleas, Montgomery County, Civil Division At No. 00-03721.
Before: JOHNSON, BENDER, and MONTEMURO, JJ.
Opinion by: JOHNSON, J.
The Honorable S. Gerald Corso granted summary judgment in favor of Northern Insurance Company of New York (“Insurance Company”) and against Alfreda Resinski (“Claimant”) in a declaratory judgment action seeking a declaration that Insurance Company has no obligation to provide underinsured motorists (UIM) benefits to Claimant under a commercial automobile insurance policy. Claimant now appeals, arguing that Judge Corso erred by declaring that Insurance Company had no obligation to provide coverage and by failing to order arbitration where the Insurance Company’s named insured had joined in a demand for arbitration. Finding no error, we affirm.

Commonwealth Of Pennsylvania V. John Preacher No. 03047EDA02 2003 PA Super 245 Filed: 6/24/2003
	Appeal From The Judgment Of Sentence Entered June 27, 2002 In The Court Of Common Pleas, Criminal Division Delaware County, No. 165-02
Before: DEL SOLE, P.J., TODD, and KELLY, JJ.
Opinion by: TODD, J.
John Preacher appeals the June 27, 2002 Judgment of Sentence imposed by the Delaware County Court of Common Pleas following his conviction at a bench trial of possession of drug paraphernalia and possession of a controlled substance with intent to deliver (“PWID”). We are constrained to vacate Appellant’s judgment of sentence.

First Union National Bank, Fleet National Bank, Wilmington Trust Of Pennsylvania And Mbc Leasing Corp. V. Portside Refrigerated Services, Inc., Orchard Hill Development Corporation, Sls Services, Inc., T/D/B/A, Holt Oversight And Logistical Technologies, Rail Distribution Center, Inc., Dockside Refrigerated Warehouse Of Philadelphia, Inc., Triple Severn Warehousing, Inc., T/D/B/A Southern Maintenance And Repair, Trans Ocean Maritime Services, Inc., Gloucester Marine Terminal, Inc., Express Equipment Rental Co., Gloucester Refrigerated Warehouse, Inc. And Oae, Inc. Appeal Of: Orchard Hill Development Corporation, No. 02841EDA02, 02842EDA02, 02843EDA02 2003 PA Super 244 Filed: 6/24/2003
	Appeal from the Order entered July 17, 2002 in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 001485 March Term 2002.
Before: JOYCE, ORIE MELVIN and BECK, JJ.
Opinion by: ORIE MELVIN, J.
This matter involves three consolidated appeals from an order of the trial court denying Appellants’ petitions to strike or open a judgment entered by confession. Appellants raise numerous claims of trial court error and/or abuse of discretion in denying relief. After careful review, we conclude the judgment must be stricken, and, accordingly, we reverse.

Commonwealth Of Pennsylvania V. Alton John Field No. 02479EDA02 2003 PA Super 243 Filed: 6/24/2003
	Appeal From The Order Entered July 10, 2002 In The Court Of Common Pleas Of Northampton County Criminal Division At No. 2001-2529.
Before: ORIE MELVIN, BOWES and BECK., JJ.
Opinion by: BECK, J.
This is a Commonwealth appeal challenging an order of the trial court, which held that the question of venue in this homicide case will be submitted to the jury. We reverse and remand.

Benjamin Gocial, M.D., Jacqueline N. Gutman, M.D. And Dean E. Burget, Jr., M.D., On Behalf Of Themselves Individually And All Others Similarly Situated V. Independence Blue Cross And Keystone Health Plan East, Inc. No. 02074EDA02 2003 PA Super 242 Filed: 6/24/2003
	Appeal From The Order Dated June 20, 2002 In The Court Of Common Pleas Of Philadelphia County Civil Division At December Term, 2000, No. 2148.
Before: ORIE MELVIN, BOWES and BECK, JJ.
Opinion by: BECK, J.
In this appeal from a discovery order in the context of class action certification, we examine the nature of the documents that are discoverable from the plaintiffs where defendants claim a conflict of interest exists pursuant to Pa.R.Civ.P. 1709.

Commonwealth Of Pennsylvania V. Robert Rivera No. 01317EDA02 Revised Opinion 8/18/2003 Filed: 6/20/2003
	Appeal From The Order Of March 11, 2002 In The Court Of Common Pleas Of Delaware County Criminal Division At No. 411-00.
Before: ORIE MELVIN, BOWES and BECK, JJ.
Opinion by: BECK, J.
In this appeal from the judgment of sentence for second degree murder, we consider the kidnapping statute in the context of a parent/defendant and in light of the law prohibiting interference with child custody. After careful consideration of these facts and the applicable law, we conclude that a parent may be convicted of kidnapping his own child under 18 Pa.C.S.A. § 2901(a)(3). We also consider appellant’s other challenges on appeal, including his claim that the Commonwealth failed to establish the corpus delecti. We affirm.

Theresa Ryan, Executrix Of The Estate Of Robert Ryan, Deceased And Widow In Her Own Right V. Asbestos Corporation Ltd. And Bell Mines, Ltd. No. 00377EDA02 Petition for Reargument Denied 8/25/2003 Filed: 6/20/2003
	Appeal From The Order Entered January 3, 2002 In The Court Of Common Pleas Of Philadelphia County Civil Division, At No. 2103 February Term 1997
Before: DEL SOLE, P.J., KLEIN and CAVANAUGH, JJ.
Opinion by: DEL SOLE, P.J.
Concurring Opinion by: KLEIN, J.
Theresa Ryan, Executrix of the Estate of Robert Ryan, appeals from the trial court order granting summary judgment in favor of Appellees. Upon review, we affirm.

Commonwealth Of Pennsylvania V. James Alvin Shearer, Sr. No. 00787WDA01 2003 PA Super 240 Filed: 6/20/2003
	Appeal From The Order Entered April 5, 2001, In The Court Of Common Pleas Of Butler County, Criminal, At No. CA No. 1636 Of 1999.
Before: DEL SOLE, P.J., McEWEN, P.J.E., HUDOCK, JOYCE, STEVENS, TODD, KLEIN, BENDER and GRACI, JJ.
Opinion by: HUDOCK, J.
Concurring Opinion by: DEL SOLE, P.J.
This is a certified interlocutory appeal taken by the Commonwealth from a pre-trial order compelling a child witness to submit to psychological testing prior to the trial court's determination of whether the child is competent to testify in court. We quash.

Commonwealth Of Pennsylvania V. Jared J. Felmlee No. 00328WDA01 Revised Opinion 8/18/2003 Filed: 6/20/2003
	Appeal From The Judgment Of Sentence Entered November 30, 2000 In The Court Of Common Pleas Of Venango County, Criminal Division, No. CR 925-2000
Before: DEL SOLE, P.J., McEWEN, P.J.E., HUDOCK, JOYCE, STEVENS, TODD, KLEIN, BENDER and GRACI, JJ.
Opinion by: DEL SOLE, P.J.
Concurring Opinion by: KLEIN, J.
This is a direct appeal from the judgment of sentence imposed after Appellant pled guilty to fleeing or attempting to elude a police officer. He was sentenced to serve twelve to twenty-four months’ incarceration, plus fines and costs. On appeal he alleges that the trial court abused its discretion in sentencing him within the aggravated range of the sentencing guidelines where the record “overwhelmingly supports a sentence in the standard range.” Appellant’s Brief at 6. We affirm.

Commonwealth Of Pennsylvania v. Thomas Dillon No. 01772EDA02 Petition for Reargument Granted 8/22/2003 Filed: 6/19/2003
The opinion by Judge Graci and the dissenting statement by Judge Beck have been withdrawn. The application for reargument was granted on August 22, 2003.

Estate Of James J. Cascardo, Deceased Appeal Of: Anna Marie Cutillo, Joseph Cascardo, Jr. And Vincent Cascardo Estate Of James J. Cascardo, Deceased Appeal Of: Carmella, James And Anthony Donato No. 01382EDA02, 01567EDA02 Petition for Reargument Granted 7/29/2003 Filed: 6/19/2003
The opinion by Judge Orie Melvin has been withdrawn. Panel Reconsideration was granted on July 29, 2003

Kathleen Robbins And Brett Robbins V. Bryan R. Buck No. 03762EDA02 2003 PA Super 236 Filed: 6/19/2003
	Appeal From The Order Entered November 27, 2002, Court Of Common Pleas, Philadelphia County, Civil Division At No. 2332 June Term, 2001.
Before: DEL SOLE, P.J., JOHNSON, and BECK, JJ.
Opinion by: JOHNSON, J.
On November 26, 2002, the Honorable Matthew D. Carrafiello granted summary judgment in favor of Bryan R. and Jillian Buck (the Bucks) and against Kathleen and Brett Robbins (the Robbinses) in an appeal from arbitration involving one of two cross-actions to recover for personal injuries arising from a two-car motor vehicle accident. The Robbinses now appeal, claiming Judge Carrafiello erroneously concluded that principles of collateral estoppel apply to an arbitration award from which no appeal is taken. Finding no error, we affirm.

Robert C. Taylor T/D/B/A South Hills Jewelers V. Fedra International, Ltd. No. 01035WDA02 2003 PA Super 233 Filed: 6/17/2003
	Appeal From The Order Entered May 22, 2002 In The Court Of Common Pleas Of Allegheny County, Civil Division, At No. AR01-7513
Before: DEL SOLE, P.J., MUSMANNO and KELLY, JJ.
Opinion by: DEL SOLE, P.J.
Robert Taylor appeals from the trial court’s order sustaining Fedra International, Ltd.’s preliminary objections raising a lack of jurisdiction. Upon review, we reverse.

Robert B. Wilson V. Judith N. Wilson No. 00623WDA02 2003 PA Super 232 Filed: 6/17/2003
	Appeal From The Order Entered March 28, 2002 In The Court Of Common Pleas Of Washington County, Civil Division, At No. 96-427
Before: DEL SOLE, P.J., MUSMANNO and KELLY, JJ.
Opinion by: DEL SOLE, P.J.
Robert Wilson appeals from the order distributing assets in this divorce action. Upon review, we quash the appeal for lack of jurisdiction

Domenico Lombardo V. Barbara A. Deleon Stefano Lombardo And Patricia A. Lombardo,H/W V. Barbara A. Deleon No. 01576EDA02, 01577EDA02 2003 PA Super 231 Filed: 6/17/2003
	Appeal From The Order Entered April 15, 2002 In The Court Of Common Pleas Of LEHIGH County CIVIL At, No. 2000-C-2167
Before: DEL SOLE, P.J., KLEIN, and CAVANAUGH, JJ.
Opinion by: KLEIN, J.
Concurring/Dissenting Opinion by: DEL SOLE, P.J.
This is an appeal from an order granting a new trial, limited to damages, after a jury returned a verdict awarding no damages to the plaintiffs-appellees. The lower court found that its conscience was shocked by the award of zero damages where the parties had stipulated that the defendant-appellant was negligent in causing a rear-end motor vehicle collision and where the jury determined that the injuries sustained were substantially caused by that negligence. We affirm in part and reverse in part. We agree with the trial court that there were soft tissue injuries that were compensable. However, we limit the new trial to damages for the soft tissue injuries that were undisputed. We do not permit a new trial regarding the herniated disc and other injuries that were disputed by defense experts.

Commonwealth Of Pennsylvania V. Joey Michael Beltz No. 00197MDA02 Petition for Reargument Denied 8/20/2003 Filed: 6/17/2003
	Appeal From The Judgment Of Sentence December 19, 2001 In The Court Of Common Pleas Of Lebanon County Criminal At No.: 2001-10113
Before: STEVENS, OLSZEWSKI, and BECK, JJ.
Opinion by: STEVENS, J.
Joey Michael Beltz appeals from a judgment of sentence entered in the Court of Common Pleas of Lebanon County following his conviction for sexual assault. We affirm.

Commonwealth Of Pennsylvania V. Matthew Bormack No. 00773EDA02 2003 PA Super 228 Filed: 6/16/2003
	Appeal From The Judgment Of Sentence October 1, 2002 In The Court Of Common Pleas Of Delaware County Criminal Division At No. 4977-00.
Before: JOYCE, BENDER and BECK, JJ.
Opinion by: BECK, J.
In this appeal we consider, inter alia, the admission of expert testimony regarding human memory and perception in the context of eyewitness identification. After careful analysis of the issues and the relevant case law, we affirm.

In Re: Estate Of Victor L. Janosky, Deceased Appeal Of: James Janosky No. 00645WDA02 2003 PA Super 230 Filed: 6/16/2003
	Appeal From The Judgment Entered April 11, 2002, In The Court Of Common Pleas Of Clearfield County, Orphans’ Court, At No. 2001-141-OC DOD 1/22/01.
Before: HUDOCK, ORIE MELVIN and MONTEMURO, JJ.
Opinion by: HUDOCK, J.
This is an appeal from the judgment entered following the denial of the petition to admit to probate a copy of the Last Will and Testament of Victor Janosky, dated February 21, 1992, which named his brother, James Janosky (Appellant), as sole beneficiary of the estate. For the reasons that follow, we affirm.

Education Resources Institute, Inc. V. Robert E. Cole No. 02689EDA02 2003 PA Super 225 Filed: 6/13/2003
	Appeal From The Judgment Dated July 23, 2002 In The Court Of Common Pleas Of Philadelphia County Civil No. 3126 December Term 1999
Before: FORD ELLIOTT, KLEIN and MONTEMURO, JJ.
Opinion by: MONTEMURO, J.
Dissenting Opinion by: KLEIN, J.
This is an appeal from a judgment for $85,000 entered in favor of Appellee after a three day jury trial in a contract action. The judgment represents principal plus interest on a series of loans for which Appellee acted as guarantor. Appellant, now a practicing lawyer, borrowed the money to cover the costs of law school and the bar examination.

Margaret Kaufman V. John E. Campos No. 01126WDA02 2003 PA Super 229 Filed: 6/13/2003
	Appeal From The Order Entered June 4, 2002 In The Court Of Common Pleas Of Indiana County, Civil No. 11942 CD 1998
Before: JOHNSON, KLEIN and POPOVICH, JJ.
Opinion by: KLEIN, J.
Concurring/Dissenting Opinion by: POPOVICH, J.
Plaintiff Margaret Kaufman filed a claim for injuries from a slip and fall accident in front of a commercial building owned by Defendant John E. Campos. After finding Kaufman 50% comparatively negligent, the jury awarded her $8,228.99 in damages, the exact amount of her medical bills. Kaufman appeals, claiming that because nothing was awarded for pain and suffering, the verdict was against the weight of the evidence. Campos argues that the evidence of the injury was contested, and in any event, the plaintiff waived any claim of inconsistent verdicts. We hold (1) the mere fact that the jury number is identical to the amount of medical bills does not mean it awarded nothing for pain and suffering; and (2) Kaufman has waived her argument by failing to object when the jury said it was planning to award only medical bills. We therefore affirm.

Antwine Wood, Minor Child, And Dawn Crawley, Parent And Natural Guardian Of Antwine Wood, And Roosevelt Jamal Gray, Minor Child, And Cathy Gray, Parent And Guardian Of Roosevelt Jamal Gray V. Julia Geisenhemer-Shaulis No. 03420EDA01 2003 PA Super 224 Filed: 6/12/2003
	Appeal From The Order Entered September 28, 2001 In The Court Of Common Pleas Of PHILADELPHIA County CIVIL At No. 1618 October Term 2000
Before: JOHNSON, FORD ELLIOTT, and CAVANAUGH, JJ.
Opinion by: CAVANAUGH, J
David W. Waties (“Waties”), counsel for Antwine Wood (“Wood”), Dawn Crawley, Roosevelt Jamal Gray (“Gray”), and Cathy Gray, appeals from the trial court’s September 28, 2001 order directing him to pay $350 to appellee Julia Geisenhemer-Shaulis (“Geisenhemer-Shaulis”) for failing to comply with the trial court’s November 20, 2000 order. We vacate the order and remand for a hearing, as the trial court erred in holding Waties in civil contempt without a hearing.

Commonwealth Of Pennsylvania v. Nelson Bishop No. 01640WDA02 Opinion Withdrawn Filed: 6/12/2003
The opinion by Judge Graci filed June 12, 2003, was withdrawn on July 9, 2003.

David Zimmerman And Marianne Zimmerman, D/B/A Frontier Lanes V. Harleysville Mutual Insurance Company No. 01621WDA01, 01771WDA01 Petition for Reargument Granted 8/20/2003 Filed: 6/12/2003
The Opinion by Judge Klein and the Dissenting Opinion by Judge Cavanaugh filed April 23, 2003, have been withdrawn. The application for reargument was granted on June 26, 2003.

Commonwealth Of Pennsylvania V. David Dailey No. 01844WDA01 2003 PA Super 223 Filed: 6/11/2003
	Appeal From The Judgment Of Sentence Of August 2, 2001 In The Court Of Common Pleas, Criminal Division Westmoreland County, No. 1436 Criminal 2000
Before: LALLY-GREEN, TODD, and TAMILIA, JJ.
Opinion by: TODD, J.
David Dailey appeals the aggregate judgment of sentence of 6 to 12 years incarceration imposed following his conviction at a jury trial of two counts of aggravated assault and one count of assault by a prisoner. For the reasons set forth below, we reject Dailey’s claim that the evidence was insufficient to support his conviction, dismiss his ineffectiveness claims without prejudice pursuant to Commonwealth v. Grant, ___ Pa. ___, 813 A.2d 726 (2002), and affirm his conviction.

Elizabeth Casey Executrix Of The Estate Of William Casey V. Gaf Corporation, Asbestos Corp., Ltd., Bell Asbestos Mines, Ltd., Rapid American Corporation, Turner & Newall, Ltd. Appeal Of: Gaf Corporation No. 01719EDA00, 01720EDA00, 01721EDA00, 01722EDA00 2003 PA Super 222 Filed: 6/11/2003
	Appeal From The Order Entered April 18, 2000 In The Court Of Common Pleas Of Montgomery County Civil Division At No. 96-02224
Before: BENDER, MONTEMURO, & BECK, JJ
Opinion by: BENDER, J.
G-1 Holdings, Inc., f/k/a GAF Corporation (GAF), appeals from the April 18, 2000 order that, inter alia, granted the plaintiffs’/appellees’ Motion to Enforce Settlement and entered judgment against GAF in the amount of $155,443.14. We affirm.

Nationsbanc Mortgage Corporation F/K/A Keycorp Mortgage, Inc. V. Samuel A. Grillo And Mary Alice Grillo And United States Of America Appeal Of: Samuel And Mary Alice Grillo No. 00166EDA02 Revised Opinion 6/13/2003 Filed: 6/10/2003
	Appeal From The Order Dated December 10, 2001 In The Court Of Common Pleas Of Bucks County Civil At No.: 96003209-16-01
Before: STEVENS, KLEIN, and TAMILIA, JJ.
Opinion by: STEVENS, J.
Appellant, Mary Grillo, appeals from the order entered in the Court of Common Pleas of Bucks County on December 10, 2001 denying her petition to set aside a sheriff’s sale and granting Appellee Nationsbanc Mortgage Corporation’s motion for a protective order. On appeal, Appellant claims that (1) the trial court erred as a matter of law in refusing to set aside the sheriff’s sale where Appellant tendered the full amount owed per the sheriff’s levy sheet; (2) the trial court erred as a matter of law in granting Appellee’s motion for a protective order, thereby denying Appellant discovery as to Appellee’s calculation of interest, costs, and fees; and (3) the trial court abused its discretion in its fact finding due to judicial bias against Appellant. For the reasons that follow, we reverse and remand.

Commonwealth Of Pennsylvania V. Robert Booker Jones No. 01821WDA00 Revised Opinion 7/31/2003 Filed: 6/9/2003
	Appeal From The Order Entered October 27, 2000, In The Court Of Common Pleas Of Allegheny County, Criminal, At No. CC 200000447.
Before: DEL SOLE, P.J., McEWEN, P.J.E., HUDOCK, JOYCE, STEVENS, TODD, KLEIN, BENDER and GRACI, JJ.
Opinion by: HUDOCK, J.
Dissenting Opinion by: DEL SOLE, P.J.
This is an appeal from an order that partially granted and partially denied the Commonwealth's motion in limine. We reverse in part.

Commonwealth Of Pennsylvania V. Richard Mercado No. 03877EDA02 2003 PA Super 219 Filed: 6/5/2003
	Appeal From The Order Of December 10, 2002 In The Court Of Common Pleas Of Monroe County Criminal At No. 556 Criminal 1981, No. 556A Criminal 1981
Before: HUDOCK, POPOVICH, and CAVANAUGH, JJ.
Opinion by: CAVANAUGH, J.
Does this court have jurisdiction to consider the merits of Richard Mercado’s appeal from a trial court order of December 10, 2002 which dismissed, without hearing, Mercado’s petition for a writ of habeas corpus? We will conclude that the trial court, per The Honorable Peter J. O’Brien, was correct in entering the dismissal order.

Commonwealth Of Pennsylvania V. John Merritt No. 00828EDA02 2003 PA Super 218 Filed: 6/5/2003
	Appeal From The Pcra Order Entered December 19, 2001 In The Court Of Common Pleas Of Philadelphia County Criminal At No. 8406-2733 1/1
Before: JOHNSON, FORD ELLIOTT, and CAVANAUGH, JJ.
Opinion by: CAVANAUGH, J.
John Merritt (“Merritt”), appeals from the Post Conviction Relief Act (“PCRA”) order entered December 19, 2001, dismissing, without a hearing, his first PCRA petition as untimely filed. Merritt’s appointed appellate counsel filed a “no-merit” letter and requested permission to withdraw. See Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988); Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). We affirm, holding that Merritt’s PCRA petition was untimely filed, and grant his counsel’s request to withdraw.

William T. Kring, Dds. V. University Of Pittsburgh, University Of Pittsburgh School Of Law, Peter Shane, Karen Engro, David Herring, Stella Smetanka, Sam Cordes, Lazar Palnick No. 01323WDA02, 01449WDA02 2003 PA Super 217 Filed: 6/3/2003
	Appeal From The Order Dated June 24, 2002 In The Court Of Common Pleas Of Washington County Civil Division At No. 2001-1782
Before: JOHNSON, BENDER and KELLY, JJ.
Opinion by: BENDER, J.
William T. Kring (Appellant) appeals pro se from the trial court order that transferred the underlying suit for wrongful use of civil proceedings, which Appellant brought against the University of Pittsburgh, the University of Pittsburgh School of Law, and the above-captioned individuals (collectively referred to as Appellees), from the Washington County Court of Common Pleas to the Allegheny County Court of Common Pleas pursuant to the trial court’s ruling on Appellees’ preliminary objections. Appellant claims that the trial court erred in determining, pursuant to Pa.R.C.P. 1006 and Pa.R.C.P. 2179, that Washington County is an improper venue. For the following reasons, we affirm the court’s order.

Commonwealth Of Pennsylvania V. John C. Paxson No. 02477EDA02 2003 PA Super 215 Filed: 6/2/2003
	Appeal From The Judgment Of Sentence July 19, 2002, In The Court Of Common Pleas Of Bucks County, Criminal Division At No. 457 Misc. 2002.
Before: MUSMANNO, KLEIN and POPOVICH, JJ.
Opinion by: POPOVICH, J.
John C. Paxson appeals the judgment of sentence (one-year suspension and $275 in fines and costs) for driving while operating privilege was suspended or revoked pursuant to 75 Pa.C.S.A. §1543(a) . We affirm.

Commonwealth Of Pennsylvania V. Marie Ann Manera No. 03270EDA02 2003 PA Super 216 Filed: 6/2/2003
	Appeal From The Judgment Of Sentence Entered On August 22, 2002, In The Court Of Common Pleas Of Montgomery County, Criminal Division, At No. 8492-01.
Before: FORD ELLIOTT, LALLY-GREEN, and KELLY, JJ.
Opinion by: LALLY-GREEN, J.
Appellant, Marie Ann Manera, appeals from the judgment of sentence dated August 22, 2002, having been convicted of violating 75 Pa.C.S.A. § 1543(b). We vacate Appellant’s judgment of sentence and remand for a new trial.