OPINION BY LAZARUS, J.: Felix David Rivera appeals from the order dismissing his amended petition under the Post Conviction Relief Act, 42 Pa.C.S.A. 9541, et seq. After careful consideration, we reverse. On December 8, 1995, Rivera was convicted of indecent assault of a person less than thirteen years of age 1 and was sentenced to five years' probation. On May 15, 2000, a capias was issued for a probation violation and Rivera was committed to Lancaster County Prison. 2 On July 9, 2000,...
OPINION BY BENDER, J.: Richard Moore, Appellant, appeals from the judgment of sentence of three to six years' incarceration, imposed after he was convicted of possession with intent to deliver (PWID) a controlled substance. On appeal, Moore contends that the trial court erred in denying his pre-trial motion to suppress evidence. We affirm. The trial court set forth the facts of this case as follows: On May 14, 2008, while on routine patrol with his partner, Officer Kert Wilson drove to an...
OPINION BY DONOHUE, J.: This is an appeal from an order finding that the attachment of double jeopardy prohibited the criminal prosecution of Kevin Michael Jackson ("Jackson") for certain offenses which had previously served as the basis for a finding of indirect criminal contempt of an order granted under the Protection from Abuse Act ("PFA order"). Following our review, we affirm in part, reverse in part, and remand for further proceedings. The facts underlying this appeal may be summarized...
OPINION BY PANELLA, J.: The Commonwealth appeals from the order entered on November 12, 2009, by the Honorable Michael T. Toole, 1 Court of Common Pleas of Luzerne County, which granted the motion of Appellee, Gary Jamal Johnson, to dismiss the Criminal Information docketed at No. 1947 of 2009. After careful review, we are compelled to reverse. The record in this case reveals that on August 12, 2008, the Commonwealth filed charges of rape, involuntary deviate sexual intercourse, and sexual...
OPINION BY PANELLA, J.: Appellant, Nicholas Ruffin, appeals the judgment of sentence entered on June 25, 2009, by the Honorable Rea Behney Boylan, Court of Common Pleas of Bucks County. After careful review, we affirm. The record in the case sub judice reveals that following a jury trial on June 24-25, 2009, Ruffin was found guilty of conspiracy to commit armed robbery, 18 PA.CONS.STAT.ANN. 903, 3701(a)(1)(ii). Subsequent thereto, the trial court sentenced Ruffin to a period of not less...
OPINION BY FITZGERALD, J.: Appellant, Daniel Patrick Cauley, appeals from the judgment of sentence entered in the Westmoreland County Court of Common Pleas, following his conviction for driving under the influence, highest rate of alcohol. 1 Appellant contends on appeal that the police did not have reasonable suspicion to conduct field sobriety tests. We hold that police officers may conduct sobriety tests after a citizen effectuates an encounter when the officer observes evidence of...
OPINION BY SHOGAN, J.: Appellants, Harry D. Showalter and Christine Showalter, appeal from the judgment entered in favor of Appellee, John N. Pantaleo, on February 3, 2010, following the trial court's determination that a landowner's bankruptcy defeated Appellants' claim of adverse possession. For the reasons that follow, we affirm. The trial court set forth the relevant facts and underlying procedural history of this matter as follows: [Appellants] purchased a home located at 424 West Main...
OPINION BY BOWES, J.: These five consolidated appeals were filed in a class action that has 321 class plaintiffs and settled for $35 million against seventeen defendants. Due to the complexity of the procedure and facts and the myriad issues raised, we have divided our discussion into clearly-designated sections. I. Factual and Procedural Matters A. Preliminary Procedural Background This case arises from a May 15, 2001 fire that destroyed a commercial complex known as the Continental...
OPINION BY PANELLA, J.: Appellant, Joseph Craig Eckrote, appeals from the judgment of sentence entered on May 21, 2009, by the Honorable Joseph M. Augello, Court of Common Pleas of Luzerne County. After careful review, we affirm. The record in the case sub judice reveals that on May 17, 2008, a final protection from abuse (PFA) order was in effect when C.B., the victim, arrived home from work at approximately 9:00 a.m. Unbeknownst to C.B., Eckrote was hiding under the deck. As soon as C.B....
OPINION BY BOWES, J.: This is an appeal from the dispositional order of the Court of Common Pleas of Philadelphia County entered following Appellant's adjudication of delinquency based on his commission of acts constituting four incidents each of burglary, conspiracy, possession of an instrument of crime ("PIC"), and one instance of receiving stolen property ("RSP"). We reverse and remand. The relevant facts of this case are as follows. On February 21, 2008, Philadelphia Police Officer Scott...
OPINION BY DONOHUE, J.: Anthony Abrue ("Abrue") appeals from the judgment of sentence dated September 4, 2007 following his conviction on charges of simple assault [18 Pa.C.S.A. 2701] and resisting arrest [18 Pa.C.S.A. 5104]. In a prior memorandum decision, this Court denied all of the issues raised in Abrue's direct appeal. After granting Abrue's petition for allowance of appeal, however, our Supreme Court vacated this Court's order insofar as it disposed of his contention that the...
OPINION BY SHOGAN, J.: Appellant, Sandra Robinson, appeals from the judgment of sentence entered following her conviction of four counts each of possession with intent to deliver a controlled substance, simple possession of a controlled substance and possession of drug paraphernalia, and one count each of criminal use of a communication facility and criminal conspiracy. On appeal, Appellant challenges the trial court's refusal to grant her eligibility for the Recidivism Risk Reduction...
OPINION BY DONOHUE, J.: Appellants, Sandra Basile ("Basile"), on her own behalf and as the class representative for a class of Pennsylvania residents 1 who applied for and received a "Rapid Refund" during the years 1990 through 1993 while having their taxes prepared by Appellees H & R Block, Inc. and H & R. Block Eastern Tax Services, Inc. (collectively, "Block"), appeals from the trial court's order entered January 21, 2004 decertifying the class previously certified on May 30, 1997. For the...
OPINION BY FREEDBERG, J.: Appellant, ATL Ventures ("ATL"), as third party purchaser, appeals from the August 17, 2009 orders of the Court of Common Pleas of Chester County, which denied ATL's amended petition to set aside the sheriff's sale, and ATL's motion for reconsideration. For the reasons discussed below, we affirm. The relevant facts of this matter are taken from the trial court's November 2, 2009 Opinion. On May 29, 2002, first mortgage holder GE Capital Mortgage ("GE") filed a...
OPINION BY ALLEN, J.: 1 In this automobile insurance contract dispute, Nationwide Mutual Insurance Company ("Appellant") appeals from the trial court's grant of declaratory relief in favor of Victor M. Sackett and Diana L. Sackett (the "Sacketts"). We affirm. 2 This case comes to us following instructive disposition from our Supreme Court and subsequent remand to the trial court. On remand, the trial court conducted a non-jury trial, and on December 15, 2008, declared that the Sacketts...
OPINION BY BOWES, J.: 1 This is an appeal and cross appeal from judgment entered on a $193,500 jury verdict rendered in favor of the plaintiff, Richard Scampone in his capacity as executor of the estate of Madeline Scampone ("Plaintiff"), in this action involving nursing home liability. We find that the evidence was sufficient to support a cause of action for corporate liability and that such liability can be imposed upon a nursing home. We also conclude that the trial court improperly...
OPINION BY GANTMAN, J.: 1 Appellants, Richard and Debra D'Adamo and Donald and Lisa Holocher, appeal from the judgments entered in the Lackawanna County Court of Common Pleas on Appellants' statutory arbitration awards. 1 Appellants ask us to determine whether the arbitrators properly gave Appellee, Erie Insurance Exchange ("Erie"), a credit of $750,000.00 on each award to account for Appellants' recoveries from the tortfeasor's liability insurance policies. We hold Erie was entitled to a...
OPINION BY BENDER, J.: 1 Stephen Mirizio appeals from the judgment entered in favor of Cathy Joseph and Figure the Odds, Inc., in Mirizio's action in ejectment against Joseph. In the underlying case, Joseph filed several counterclaims against Mirizio, and in her cross-appeal, she claims that she was aggrieved by the disposition of one these claims. For the reasons that follow, we affirm. 2 The trial court set forth the facts and procedural history of this case as follows: This civil...
OPINION BY DONOHUE, J.: 1 In this appeal, the Commonwealth challenges the trial court's denial of a motion in limine seeking to preclude defense counsel from impeaching the credibility of the alleged victim of the crimes at issue through cross-examination and extrinsic evidence tending to show that the alleged victim lied about matters unrelated to the case. This case raises an issue of first impression in Pennsylvania, namely the interplay between Pennsylvania Rule of Evidence (Pa.R.E.)...
