2004 November

SHANEEN JACKSONIAN v. TEMPLE UNIVERSITY HEALTH SYSTEM FOUNDATION, TEMPLE UNIVERSITY HEALTH SYSTEM, INC., TEMPLE UNIVERSITY HOSPITAL, INC., individually and/or trading as TEMPLE UNIVERSITY HOSPITAL, TEMPLE UNIVERSITY HOSPITAL, TEMPLE WOMEN’S HEALTH CENTER, E. ALBERT REECE, M.D., HASAN OZGUR HARMANLI, M.D., ELCY MATHAI, M.D., AMY SANDUSKY, M.D., and SILVIA BEVILACQUA, M.D . APPEAL OF: TEMPLE UNIVERSITY HEALTH SYSTEM FOUNDATION, TEMPLE UNIVERSITY HEALTH SYSTEM, TEMPLE UNIVERSITY HOSPITAL, TEMPLE UNIVERSITY WOMEN’S HEALTH CENTER, E. ALBERT REECE, M.D., OZGUR HARMANLI, M.D., and ELCY MATHAI, M.D. No. 788 EDA 2004 2004 PA Super 450 Filed: 11/30/2004
	Appeal from the Order Entered February 11, 2004, Court of Common Pleas of Philadelphia County, Civil Division at No. 0108001343.
Before: *FORD ELLIOTT, MONTEMURO and JOHNSON, JJ.**
Opinion by: JOHNSON, J.
Temple University Health System, its related entities, and three physician co-defendants (collectively, TUHS) appeal the trial court’s discovery order directing the Temple University Hospital (the hospital) to answer Shaneen Jacksonian’s (Patient) interrogatories in her medical malpractice lawsuit against TUHS and the hospital. TUHS claims the information sought by the interrogatories is privileged and is protected from discovery by the Health Care Quality Improvement Act, 42 U.S.C. ง 11101, et seq., and the Peer Review Protection Act, 63 P.S. ง 425.1, et seq. The trial court and Patient both maintain that TUHS’s appeal should be quashed because the discovery order is not an appealable order. We conclude that the discovery order is not a collateral order and therefore is not appealable. Accordingly, without affecting TUHS’s ability to raise this issue on appeal once a final order has been issued, we quash TUHS’s instant appeal.

BERNICE CAMPBELL v. MICHAEL ATTANASIO, D.O., VINCENT E. BALDINO, D.O., JAIME VOLPE, D.O., DANIEL PARENTI, D.O., JOHN P. SIMELARO, D.O., MICHAEL A. VENDITTO, D.O., THADDEUS GOLDEN, M.D., VINCENT E. BALDINO, D.O., P.C., D/B/A RITNER MEDICAL ASSOCIATES, P.C., INTERMED ASSOCIATES, P.C., METHODIST HOSPITAL, ALSO D/B/A METHODIST HOSPITAL, DIVISION OF THOMAS JEFFERSON UNIVERSITY HOSPITAL, AND THOMAS JEFFERSON UNIVERSITY HOSPITALS, INC., ALSO D/B/A METHODIST HOSPITAL DIVISION OF THOMAS JEFFERSON UNIVERSITY HOSPITAL No. 2482 EDA 2003 2004 PA Super 446 Filed: 11/30/2004
	Appeal from the Order Dated July 18, 2003, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. January Term, 2000, No. 001857.
Before: BOWES, McCAFFERY AND POPOVICH, JJ.
Opinion by: BOWES, J.
Bernice Campbell appeals from the July 18, 2003 order granting summary judgment in favor of Thaddeus Golden, M.D., Methodist Hospital, and Thomas Jefferson University Hospital, Inc. ("Thomas Jefferson Hospital") (collectively referred to as "Appellees") in this medical malpractice action. For the reasons stated herein, we vacate the order and remand for trial.

THERESE BLICHA, ADMINISTRATRIX OF THE ESTATE OF ANTHONY BLICHA, v. FRED D. JACKS, JR., M.D., No. 1019 EDA 2004 Petition for Reargument Denied 2/3/2005 Filed: 11/30/2004
	Appeal from the Judgment entered May 5, 2004 In the Court of Common Pleas of Montgomery County Civil at No.: 02-22567
Before: STEVENS, GANTMAN, and KELLY, JJ.
Opinion by: STEVENS, J.
Concurring Opinion by: Kelly, J.
Appellant, the Estate of Anthony Blicha, appeals the judgment entered on May 5, 2004, by the Court of Common Pleas of Montgomery County, which denied Appellant’s motion for post-trial relief in the form of a new trial. We affirm.

DEBORAH KENNEDY v. MICHAEL T. KENNEDY No. 2377, 2443 EDA 2003 Petition for Reargument Denied 2/11/2005 Filed: 11/29/2004
	Appeal from the Decree July 11, 2003 and Judgment Entered February 20, 2003,In the Court of Common Pleas of Delaware County, Civil Division at No. 99-14283 and August Term, 2002 at No 2043. .
Before: BOWES, McCAFFERY AND POPOVICH, JJ.
Opinion by: BOWES, J.
Dissenting Opinion by: Popovich, J.
Deborah Kennedy (“Wife”) appeals from the judgment entered on February 20, 2003, following modification of an arbitration award governing the parties’ claims for equitable distribution of marital assets. Wife also appeals from the final divorce decree entered on July 11, 2003. After careful review, we vacate the judgment, vacate the decree in part, affirm the decree in part, and remand both cases.

IN RE: ADOPTION OF: J.E.F. IN RE: ADOPTION OF: C.J.U. IN RE: ADOPTION OF: N.G.F. APPEAL OF: S.B., AUNT and D.B., UNCLE No. 783, 784, 785 WDA 2004 Petition for Reargument Denied 2/7/2005 Filed: 11/29/2004
	Appeal from the Order Entered April 6, 2004 In the Court of Common Pleas of Washington County Orphan's Court at No.(s): 63-03-0552, 63-03-0553, 63-03-0554
Before: BENDER, PANELLA AND POPOVICH, JJ.
Opinion by: BENDER, J.
Null

COMMONWEALTH OF PENNSYLVANIA v. JON M. COOK No. 938 WDA 2003 Petition for Reargument Denied 2/10/2005 Filed: 11/29/2004
	Appeal from the Judgment of Sentence May 8, 2003 In the Court of Common Pleas of McKean County Criminal Division at No. 2490 Criminal 2001
Before: JOYCE, BENDER AND BOWES, JJ.
Opinion by: BENDER, J.
Jon M. Cook (Appellant) appeals from the judgment of sentence entered following convictions for driving under the influence and related summary offenses. Appellant raises several allegations of error, all of which we find to be without merit. Accordingly, for the following reasons, we affirm.

STEPHEN B. CERNIGA and GENEVIEVE S. CERNIGA, his wife; JOHN ANDREYKO and MARGARET ANDREYKO, his wife; ANNA ANDREYKO; MICHAEL KANCA and MARY LOUISE KANCA, his wife; EDWARD JOHN KEPICH and GERTRUDE D. KEPICH, his wife v. MON VALLEY SPEED BOAT CLUB, INC., A PENNSYLVANIA CORPORATION No. 1005 WDA 2003 2004 PA Super 444 Filed: 11/23/2004
	Appeal from the Order of May 2, 2003 In the Court of Common Pleas, Civil Division Allegheny County, No. GD01-007648
Before: ORIE MELVIN, TODD, and McCAFFERY, JJ.
Opinion by: TODD, J.
Mon Valley Speed Boat Club, Inc. ("Boat Club") appeals from the May 2, 2003 order of the Allegheny County Court of CCommon Pleas directing that Boat Club be evicted and granting adverse possession to Appellees. Also before this Court is Appellees’ motion to quash and/or dismiss the instant appeal. For the reasons that follow, we grant Appellees’ motion and quash Boat Club’s appeal.

MICHELLE KENSEY v. KENNETH R. KENSEY No. 3002 EDA 2003 Petition for Reargument Granted 1/5/2004 Filed: 11/23/2004
The Opinion by Judge Orie Melvin and the Concuring and Dissenting Opinion by Judge Klein have been withdrawn. Panel Reconsideration was granted on 1-5-05.

COMMONWEALTH OF PENNSYLVANIA v. MARIE LOUISE SEILHAMER No. 2299 WDA 2003 2004 PA Super 443 Filed: 11/23/2004
	Appeal from the Judgment of Sentence July 1, 2003 In the Court of Common Pleas of Blair County Criminal, No. 01 CR 1000
Before: BENDER, KELLY, and JOHNSON, JJ.
Opinion by: KELLY, J.
Appellant, Marie Louise Seilhamer, appeals from the judgment of sentence entered in the Blair County Court of Common Pleas, following her convictions for first-degree murder and criminal conspiracy. Appellant asks us to determine, inter alia, whether the trial court should have suppressed her incriminating pre-arraignment statements to the police, where the police arrested her but did not arraign her until more than twelve hours later. After examining the totality of the circumstances surrounding Appellant’s arrest and arraignment, we conclude Appellant voluntarily made her pre-arraignment statements. Accordingly, we affirm her judgment of sentence.

IN THE INTEREST OF: J.F. APPEAL OF: J.J.R. and B.F. No. 859 MDA 2004 2004 PA Super 442 Filed: 11/23/2004
	Appeal from the Order entered April 27, 2004 In the Court of Common Pleas of Adams County Orphans' Court Division at No. RT-1-04.
Before: HUDOCK, GANTMAN and BECK, JJ.
Opinion by: BECK, J.
The issue in this appeal is whether under the Adoption Act, 23 Pa.C.S.A. งง 2101-2910, a child protective agency must adhere to a standard of reasonableness in withholding or giving its consent to the voluntary relinquishment of parental rights. An additional, related issue is whether the trial court must independently review the agency’s decision. We hold that a standard of reasonableness is applicable to the agency and that the trial court must independently review the agency’s decision.

MICHAEL D. KING, ADMINISTRATOR OF THE ESTATE OF JUDY D. KING, DECEASED v. GEORGE STEFENELLI, LAWRENCE ROGINA, INDIVIDUALLY and d/b/a POTOMAC OB/GYN and J. PETER HINTERKOPF APPEAL OF: MICHAEL D. KING No. 1646 MDA 2003 2004 PA Super 438 Filed: 11/22/2004
	Appeal from the Judgment entered September 23, 2003 in the Court of Common Pleas of Dauphin County, Civil Division, at No. 2354 S 1995
Before: *DEL SOLE, P.J., KELLY and CAVANAUGH, JJ.**
Opinion by: DEL SOLE, P.J.
This appeal follows a jury verdict in favor of defendants in a medical malpractice action. We affirm.

COMMONWEALTH OF PENNSYLVANIA v. RASHAAN CAMPBELL No. 279 WDA 2003 2004 PA Super 440 Filed: 11/22/2004
	Appeal from the Order Entered January 28, 2003, in the Court of Common Pleas of Westmoreland County Criminal Division at No. 2803 C 2002
Before: FORD ELLIOTT, JOYCE, AND TAMILIA, JJ.
Opinion by: FORD ELLIOTT, J.
The Commonwealth takes this appeal from the January 28, 2003 order granting appellee Rashaan Campbell’s motion to suppress evidence following a stop of a vehicle in which he was a passenger. After careful review, we reverse.

MARY L. WILLOUGHBY v. ROY A. WILLOUGHBY No. 116 MDA 2004 2004 PA Super 439 Filed: 11/22/2004
	Appeal from the Order entered December 22, 2003 In the Court of Common Pleas of Dauphin County Domestic Relations, No. 1273 DR 94
Before: KLEIN, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Roy A. Willoughby (“Husband”), asks us to determine whether the trial court erred when it denied his petition to modify his court-ordered permanent alimony obligation. Specifically, Husband contends his incarceration constitutes a “change in circumstances” to relieve him of his spousal support obligations. We hold that an obligor’s incarceration due to criminal activity does not alone represent a “change in circumstances” to justify complete relief from the obligor’s spousal support obligations. Accordingly, we affirm.

COMMONWEALTH OF PENNSYLVANIA v. ELWOOD BOONE COMMONWEALTH OF PENNSYLVANIA vs. VANESSA BROWN No. 3215, 3237, 3240 and 3255 EDA 2003 2004 PA Super 436 Filed: 11/19/2004
	Appeal from the Judgment of Sentence entered May 14, 2003 and Appeal from the Order entered September 29, 2003 In the Court of Common Pleas of Philadelphia County Criminal No. 0202-0112 1/2
Before: *FORD ELLIOTT, MONTEMURO and JOHNSON, JJ.**
Opinion by: MONTEMURO, J.
In this appeal we consider identical issues raised in unconsolidated cross-appeals from the judgments of sentence imposed on May 14, 2003, in the Philadelphia County Court of Common Pleas. The Commonwealth appeals the restitution awards entered against co-defendants Elwood Boone and Vanessa Brown, who challenge their respective convictions of forgery, theft by unlawful taking, theft by deception, criminal conspiracy and unsworn falsification to authorities. For the following reasons, we vacate in part and affirm in part.

COMMONWEALTH OF PENNSYLVANIA v. CLAUDIO HERNANDEZ No. 2041 MDA 2003 2004 PA Super 437 Filed: 11/19/2004
	Appeal from the Judgment of Sentence entered December 1, 2003, Court of Common Pleas, Lancaster County, Criminal Division at No. 2825 CR 2002.
Before: KLEIN, POPOVICH, and JOHNSON, JJ.
Opinion by: JOHNSON, J.
Claudio Hernandez challenges his judgment of sentence for one count each of Delivery of Heroin and Possession with Intent to Deliver Heroin, see 35 Pa.C.S. ง 780-113(a)(30), for which he was sentenced to two consecutive terms of two to six years’ incarceration. Hernandez contends that the trial court committed reversible error when it permitted the prosecutor to question him concerning two prior convictions for possession with intent to deliver heroin. We find that Hernandez’s own unsolicited testimony that he had never sold drugs constituted an assertion of good character that the prosecutor was entitled to contradict by reference to countervailing evidence of prior convictions. Consequently, we affirm.

THOMAS P. MOORE v. JOHN A. LUCHSINGER, P.C., AND JOHN A. LUCHSINGER, ESQUIRE No. 707 EDA 2004 2004 PA Super 432 Filed: 11/17/2004
	Appeal from the Order entered February 13, 2004 In the Court of Common Pleas of Monroe County, No. 918 Civil 2003
Before: STEVENS, KLEIN, JJ., and McEWEN, P.J.E.
Opinion by: KLEIN, J.
The trial judge denied a motion by Plaintiff Thomas P. Moore to strike and remove a non pros for failing to file a timely certificate of merit or petition to extend the time for filing. See Pa.R.C.P. 1042.3. The non pros was entered against Moore by defendants, John A. Luchsinger, P.C. and John A. Luchsinger, Esquire ("Luchsinger"). See Pa.R.C.P. 1042.6. We reverse and remand for a hearing to determine when the praecipe should be deemed filed.

NICOLE DREVENIK v. DOMINICK NARDONE, JR. AS TRUSTEE FOR JOHN NARDONE No. 644 MDA 2004 2004 PA Super 434 Filed: 11/17/2004
	Appeal from the Order April 12, 2004, In the Court of Common Pleas of Luzerne County, Domestic Relations Division at No. DR 215 of 1996.
Before: FORD ELLIOTT, BECK and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Appellant Dominick Nardone, Jr., trustee for John Nardone, his brother, appeals the order entered on April 12, 2004, in the Court of Common Pleas of Luzerne County, that directed Appellant to pay Mr. Nardone’s child support arrears from the principal and income of the spendthrift trust established for Mr. Nardone’s benefit by their mother’s will. Upon review, we affirm.

COMMONWEALTH OF PENNSYLVANIA v. EDNA L. GREEN No. 1440 MDA 2002 2004 PA Super 433 Filed: 11/16/2004
	Appeal from the Judgment of Sentence dated July 22, 2002, In the Court of Common Pleas of Centre County, Criminal Division at No. 2002-0027.
Before: FORD ELLIOTT, JOYCE, STEVENS, MUSMANNO, LALLY-GREEN, TODD, KLEIN, BENDER, and BOWES, JJ.
Opinion by: JOYCE, J.
Concurring/Dissenting Opinion by: FORD ELLIOTT, J.
Appellant, Edna L. Green, appeals from the judgment of sentence imposed by the trial court on July 22, 2002. The sentence was imposed subsequent to a jury trial in which Appellant was found guilty of terroristic threats, and a bench trial in which Appellant was found guilty of the summary offense of harassment. After careful review, we quash this appeal. 2 The record reveals the following chronology of events. On December

FIRST COMMONWEALTH BANK v. CATHARINE R. HELLER APPEAL OF: AMERIQUEST MORTGAGE COMPANY No. 343 WDA 2004 Petition for Reargument Denied 1/21/2005 Filed: 11/16/2004
	Appeal from the Order in the Court of Common Pleas of Blair County, Civil Division, No. 03-GN-975
Before: JOYCE, TAMILIA and POPOVICH, JJ.
Opinion by: TAMILIA, J.
Ameriquest Mortgage Company appeals the January 30, 2004 Order denying and dismissing its petition to intervene and vacating the stay of a sheriff’s sale in this mortgage foreclosure action.

COMMONWEALTH OF PENNSYLVANIA v. RICHARD PAES No. 1213 WDA 2003 2004 PA Super 430 Filed: 11/16/2004
	Appeal from the Order entered May 28, 2003 In the Court of Common Pleas of Fayette County Criminal Division at No. 1022 of 2001
Before: DEL SOLE, P.J., JOYCE and MUSMANNO, JJ.
Opinion by: JOYCE, J.
Dissenting Opinion by: DEL SOLE, P.J.
Richard Paes (Appellant) appeals from the judgment of sentence entered May 28, 2003 in the Court of Common Pleas of Fayette County. We reverse and vacate the judgment of sentence. The relevant facts and procedural history are as follows.

RENEE N. ARBET v. SCOTT E. ARBET No. 1370 EDA 2004 2004 PA Super 435 Filed: 11/15/2004
	Appeal from the Order Entered April 16, 2004 In the Court of Common Pleas of Chester County, Domestic Relations at No. 0105N2003 Pacses No. 168105521
Before: BENDER, McCAFFERY AND POPOVICH, JJ.
Opinion by: BENDER, J.
Scott E. Arbet (Father) appeals from the April 16, 2004 amended order that required Father to pay child support for his and Renee N. Arbet’s (Mother) three children. Father contends that the value of his employee benefits package and the interest from a non-marital annuity should not be considered income available for child support. He also argues that his support obligation was excessive in light of the parties’ actual incomes, expenses and living arrangements, and that the court should have considered Mother’s earning capacity rather than her actual income. We affirm.

WILLIAM MCCOY, JR. v. YVONNE D. THRESH No. 670 MDA 2004 2004 PA Super 429 Filed: 11/12/2004
	Appeal from the Order entered March 25, 2004 In the Court of Common Pleas of Cumberland County Civil, No. 2004-256 Civil Term
Before: HUDOCK, GANTMAN, AND BECK, JJ.
Opinion by: GANTMAN, J.
Appellant, William McCoy, Jr. (“Father”), asks us to determine whether the Cumberland County Court of Common Pleas erred when it declined to exercise jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act (“UCCJA”) and dismissed Father’s custody complaint. We hold the court properly declined jurisdiction over the custody proceedings. Accordingly, we affirm.

JOSEPH M. DELLACH and JAMES E. DELLACH, d/b/a J. D. AUTO BODY v. CHUCK V. DENINNO v. GEORGE M. BEATTY No. 35 WDA 2004 2004 PA Super 428 Filed: 11/12/2004
	Appeal from the Order entered December 19, 2003 in the Court of Common Pleas of Allegheny County, Civil Division, at No. GD 01-6602
Before: DEL SOLE, P.J., JOYCE and CAVANAUGH, JJ.
Opinion by: DEL SOLE, P.J.
This is an appeal from an order which dismissed Appellants’ action to quiet title to a portion of land that was formerly part of a railroad right-of-way. We reverse and remand.

NINA L. STACKHOUSE v. JOSEPH E. STACKHOUSE No. 601 MDA 2004, 602 MDA 2004 2004 PA Super 427 Filed: 11/10/2004
	Appeals from the Order entered March 18, 2004, Court of Common Pleas, York County, Civil Division at No. 2003-DI-04862-Y02, 2672 SA 2003, PACSES No. 622105886.
Before: KLEIN, PANELLA, and JOHNSON, JJ.
Opinion by: JOHNSON, J.
Concurring Opinion by: KLEIN, J.
Nina L. Stackhouse (Nina) appeals the trial court’s order denying her claim for alimony pendente lite (APL) and dismissing her complaint in divorce. The court determined that because the parties had never entered a licensed ceremonial marriage, Nina’s claims are precluded by a decision of the Commonwealth Court that purported to abolish common law marriage in Pennsylvania. See PNC Bank v. Workers’ Comp. Appeal Bd. (Stamos), 831 A.2d 1269 (Pa. Cmwlth. 2003). Nina contends that the trial court erred in its application of the Commonwealth Court’s decision. Because we concur in Nina’s assessment, we reverse the trial court’s order.

COMMONWEALTH OF PENNSYLVANIA v. BARBARA GOSSELIN No. 1978 MDA 2003 2004 PA Super 426 Filed: 11/5/2004
	Appeal from the Judgment entered November 21, 2003, in the Court of Common Pleas of Schuylkill County, Criminal, at No. S03-1528.
Before: HUDOCK and KLEIN, JJ., and McEWEN, P.J.E.
Opinion by: HUDOCK, J.
This appeal revolves around the life and times of Nutkin the squirrel.

BETH ANN KELLY v. JAMES C. MUELLER, JR. APPEAL OF: JAMES C. MUELLER, JR., and JAMES C. MUELLER, SR. No. 3449 EDA 2003 2004 PA Super 425 Filed: 11/4/2004
	Appeal from the Orders entered in the Court of Common Pleas of Montgomery County, Civil Division, No. 03-17830
Before: STEVENS, TAMILIA and JOHNSON, JJ.
Opinion by: TAMILIA, J.
In this extraordinary case, appellants, James C. Mueller, Sr. (father) and James C. Mueller, Jr. (son) appeal from an Order and Supplemental Order entered under the Protection from Abuse (PFA) Act. 23 Pa.C.S. ง 6101, et seq. The Muellers contend the trial court abused its discretion and exceeded its authority by ordering the search of their residence and father’s hunting cabin, and the seizure of son’s weapons and father’s handgun. In its Opinion pursuant to Pa.R.A.P. 1925(a), the trial court declined to address the appropriateness of its Orders and simply asserts that the Muellers do not have standing to appeal. Upon review, we conclude that the Muellers do have standing.

BRENT D. ASH and KATHY ASH, his wife, v. CONTINENTAL INSURANCE COMPANY No. 1842 WDA 2003 2004 PA Super 424 Filed: 11/3/2004
	Appeal from the Order Entered September 15, 2003 In the Court of Common Pleas, Civil Division Lawrence County, No. 10492 of 2002, C.A
Before: FORD ELLIOTT, LALLY-GREEN, and TODD, JJ.
Opinion by: TODD, J.
Brent D. Ash and his wife, Kathy Ash, ("Appellants") appeal the September 15, 2003 order of the Lawrence County Court of Common Pleas, entered by the Honorable Dominick Motto, granting summary judgment in favor of Continental Insurance Company ("Continental") and denying Appellants’ motion for leave to amend their complaint. We affirm.

IN RE: B.S. APPEAL OF: PHILADELPHIA DEPARTMENT OF HUMAN SERVICES No. 62 EDA 2004 2004 PA Super 423 Filed: 11/3/2004
	Appeal from the Order December 4, 2003, In the Court of Common Pleas of Philadelphia County, Family Court Division at D# 2878-98-12, J# 333539-03.
Before: MUSMANNO, OLSZEWSKI and POPOVICH, JJ.
Opinion by: POPOVICH, J.
The Philadelphia Department of Human Services (DHS) appeals from the order entered on December 4, 2003, in the Philadelphia County Court of Common Pleas, which denied DHS’s petition for subsidized permanent legal custodianship (SPLC). Upon review, we reverse the trial court’s order and remand with instructions.

COMMONWEALTH OF PENNSYLVANIA v. ANTHONY COSTA No. 2502 EDA 2003 2004 PA Super 421 Filed: 11/1/2004
	Appeal from the Judgment of Sentence July 7, 2003 In the Court of Common Pleas of Bucks County Criminal, No. 2003-2061-01
Before: TODD, GANTMAN, AND TAMILIA, JJ.
Opinion by: GANTMAN, J.
Appellant, Anthony Costa, appeals from the judgment of sentence imposed by the Bucks County Court of Common Pleas, following his bench convictions for drug delivery resulting in death (third-degree murder), corruption of minors, abuse of corpse, criminal conspiracy, and other related offenses. Specifically, Appellant asks us to determine whether the statute defining the crime of drug delivery resulting in death as third-degree murder is unconstitutionally vague as written because it does not specify a precise mens rea required for culpability. We hold Appellant’s facial challenge to Section 2506 must fail because the statute provides a mens rea with sufficient certainty. Accordingly, we affirm the judgment of sentence.

COMMONWEALTH OF PENNSYLVANIA v. ELLISON GUILFORD No. 1575 EDA 2003 2004 PA Super 419 Filed: 11/1/2004
	Appeal from the Judgment of Sentence entered on December 23, 2002 in the Court of Common Pleas of Philadelphia County, Criminal Division, No. 0112-1441 1/1
Before: MUSMANNO, KLEIN, JJ. and McEWEN, P.J.E.
Opinion by: MUSMANNO, J.
Ellison Guilford ("Guilford") appeals from the judgment of sentence imposed after he was convicted of robbery and possession of an instrument of crime ("PIC"). We vacate the judgment of sentence and remand for re-sentencing.