OPINION BY OLSON, J.: In this medical malpractice action, Appellants, James S. Lewis, M.D. ("Dr. Lewis") and Advanced Laser Vision, P.C. ("Advanced Laser"), appeal from the trial court order entered July 6, 2011, denying their motion for summary judgment. 1 For the following reasons, we reverse the trial court's order and hold that the claims against Appellants are barred by the seven-year statute of repose set forth in the Medical Care Availability and Reduction of Error Act ("the MCARE Act")...
OPINION BY MUSMANNO, J.: Eric C. Coleman ("Coleman") and Linda Coleman ("Linda"), husband and wife, and Timothy G. Carroll ("Carroll"), individually and as executor of the estate of Louis Carroll, deceased, 1 (collectively "Plaintiffs") appeal from the Order granting judgment on the pleadings in favor of Duane Morris, LLP and Kathleen M. Shay (collectively "Defendants"). 2 We reverse. The pertinent facts of this case are as follows: Plaintiffs [ ] Coleman and [ ] Carroll owned BCA...
OPINION BY DONOHUE, J.: Appellants, Waldemar Caban ("Caban") and Yashera Renee Veras ("Veras"), appeal from the judgments of sentence entered on May 25, 2011, 1 following their convictions by a jury of possession with intent to deliver a controlled substance, 35 P.S. 780-113(a)(30); criminal conspiracy to commit possession with intent to deliver a controlled substance, 18 Pa.C.S.A. 903(a)(2); and possession with the intent to use drug paraphernalia, 35 P.S. 780-113(a)(32). For the...
OPINION BY STEVENS, P.J. Appellants appeal from the order entered by the Court of Common Pleas of York County denying their petition to strike and/or open a confessed judgment against them and in favor of Appellee Graystone Bank. We affirm in all respects except on the issue regarding application of the attorney's fee-shifting provision, which we remand to the lower court for its determination as to whether the provision worked a reasonable result under the circumstances. The trial court has...
OPINION BY BOWES, J.: Kevin Lofton appeals from the judgment of sentence of life imprisonment without parole imposed following his convictions of second-degree murder, robbery, criminal conspiracy to commit robbery, possession of an instrument of crime, and carrying a firearm without a license. We affirm Appellant's convictions, but, because Appellant committed the murder as a juvenile, we vacate his judgment of sentence and remand for resentencing in accordance with Miller v. Alabama, ___ U....
OPINION BY BOWES, J.: T.D., Jr., a minor, appeals from the April 16, 2012 dispositional order entered following adjudication of his delinquency. After careful review, we vacate the order and remand for entry of a new dispositional order. T.D. was charged at lower court docket No. 91 JV 2012 with burglary, criminal conspiracy to commit burglary, theft, and receiving stolen property, arising from the after-hours theft of video games from the Martin Library. Identical charges were filed at lower...
OPINION BY STEVENS, P.J. This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County after a jury convicted Appellant George Williams of second-degree murder, 1 criminal conspiracy, 2 and a violation of the Uniform Firearms Act (VUFA). 3 Appellant challenges the trial court's discretion in making certain evidentiary rulings and claims the trial court's jury instructions were improper. We affirm. Appellant was charged in connection with the...
OPINION BY SHOGAN, J.: Appellant, Tarik Rachak, appeals from the order entered on April 5, 2012, denying his petition for relief filed pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S.A 9541-9546. We affirm. The relevant facts and procedural history of this case were set forth by the PCRA court as follows: [Appellant] was arrested on January 4, 2011 for Simple Possession of Cocaine, 35 P.S. 780-113(a)(16), and Possession of Drug Paraphernalia, 35 P.S. 780-113(a)(32). [...
OPINION BY PANELLA, J. Appellant, William D. Dewey, appeals from the order entered January 20, 2012, by the Honorable Tina Polachek Gartley, Court of Common Pleas of Luzerne County, which denied his petition to modify the conditions of his probation and parole. We affirm. The trial court summarized the pertinent facts and procedural history as follows: [Dewey] was charged with Statutory Sexual Assault, 18 [PA.CONS.STAT.ANN.] 3122.1, Corruption of Minors, 18 [PA.CONS.STAT.ANN.] 6301(a)(1),...
OPINION BY WECHT, J. Steve Bryant ("Appellant") appeals from an April 26, 2011 judgment of sentence. For the reasons set forth herein, we affirm. The trial court aptly summarized the facts of the case: In 2005, [R.M.] began living ... in the city of Philadelphia with her cousin [D.B.], [D.B.'s] husband [T.B.], and [D.B.'s] son [M.B.]. While [R.M.] lived there, [D.B.'s] other son, [Appellant], frequently visited the home. In March 2006, when [R.M.] was thirteen years old and [Appellant] was...
OPINION BY BENDER, J. Appellant, Terrance Waddell, represented by Attorney Gary B. Zimmerman, 1 appeals from the judgment of sentence of an aggregate term of 5-10 years' incarceration and consecutive 5 years' probation for drug and firearm offenses. Appellant argues that marijuana, now recognized by at least fourteen of our sister states as having accepted medical uses, no longer fits the criteria for a Schedule I controlled substance and, therefore, the statutes currently prohibiting...
OPINION BY STEVENS, P.J.: This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Chester County following Appellant's conviction by a jury on the charges of driving while under the influence of alcohol or a controlled substance (DUI), 75 Pa.C.S.A. 3802(a)(1), careless driving, 75 Pa.C.S.A. 3714(a), reckless driving, 75 Pa.C.S.A. 3736(a), accidental damage to unattended vehicle or property, 75 Pa. C.S.A. 3745(a), and duties at a stop sign, 75 Pa.C.S.A....
OPINION BY STRASSBURGER, J.: R.D.V. (Father) appeals from the order overruling his preliminary objections to a complaint for custody of the parties' two children filed by M.E.V. (Mother). Upon review, we reverse. The following facts are gleaned from the testimony presented at the hearing on Father's preliminary objections. Father and Mother began living together in Father's hometown of Logan Township, New Jersey in 2003, and they were married on September 24, 2005. They had two children...
OPINION BY MUSMANNO, J.: John Lynch ("Lynch") appeals from the judgment of sentence imposed following his conviction of harassment. See 18 Pa. C.S.A. 2709(a). We affirm. The trial court has set forth the relevant underlying facts as follows: Five years prior to the date in question, [Patricia DeMarco ("DeMarco")] began to have interactions with [Lynch]. At this time, [DeMarco] was employed by Alfred Marroletti ["Marroletti"], a private attorney working for the Philadelphia Parking...
ORDER GRANTING MOTION FOR CERTIFICATE OF EXTRADITABILITY [Re: Dkt. 49, 57] HOWARD R. LLOYD , Magistrate Judge . The United States, on behalf of the Federal Republic of Germany (Germany), seeks the extradition of Samir Azizi. Azizi is charged in Germany with 89 counts of tax evasion — i.e., 77 counts of providing tax authorities with incomplete or incorrect statements about tax-relevant facts and 12 counts of failing to inform them about tax-relevant facts, acting contrary to duty — in...
OPINION BY WECHT, J.: In this consolidated appeal, 1 the Commonwealth appeals from the Court of Common Pleas' July 5, 2011 order. That order granted the petitions filed by Appellees Esheem Haskins ("Haskins") and Jerome King ("King") pursuant to the Post-Conviction Relief Act ("PCRA"), 42 Pa. C.S. 9541-46, and awarded each of them a new trial. Following careful review, we reverse. In King's direct appeal, we quoted the trial court's recitation of the Commonwealth's evidence in this...
OPINION BY PLATT, J. Appellant/Cross-Appellee, J.J. DeLuca Company, Inc. (DeLuca), appeals from the order entered in favor of Appellees/Cross-Appellants, Toll Naval Associates, Toll PA GP Corp, Inc., and Toll Bros. Inc., (collectively, Toll), in these consolidated cross-appeals. DeLuca raises sixteen claims of error against the trial court. Toll raises nine counter-questions. We affirm. This case is on appeal for the second time. The underlying suit arose out of the contractual relationship...
OPINION BY SHOGAN, J.: Appellant State Farm Fire and Casualty Company ("State Farm"), as subrogee to claims of its insured subrogors, Gary A. Bennett, Dennis Paul Bennett, Robert Winn, James and Marion Stotz, Mark Pettigrow and James Witek, appeals from the trial court's March 23, 2011 orders denying State Farm's Motion for Partial Summary Judgment and granting Appellee PECO's Motion for Partial Summary Judgment. On appeal, State Farm challenges the trial court's interpretation of the...
OPINION BY OTT, J.: Kathy Smith, as Executrix of the Estate of Kenneth Smith and in her own right, appeals from the judgment entered in the Court of Common Pleas of York County following a jury verdict in a case arising out of an automobile accident between Kenneth Smith and Linda Rohrbaugh. Smith claims the trial court erred in molding the jury verdict to zero based upon the prior receipt of underinsured motorist benefits, improperly granted a $15,000.00 offset for work loss benefits, and...
Opinion by MUNDY, J: The Commonwealth appeals from the August 3, 2010 order granting the motion to suppress filed by Appellee, Khalif Walls. After careful review, we reverse and remand for further proceedings consistent with this opinion. The relevant facts and procedural history, as gleaned from the certified record, are as follows. On December 8, 2008, at approximately 1:05 p.m., Officer Booker Messer received a flash over police radio based on an anonymous tip. N.T., 8/3/10, at 4, 9....
