OPINION BY FITZGERALD, J.: Appellant, Keith McClean, appeals from the order entered in the Philadelphia County Court of Common Pleas denying his motion for leave to amend his negligence complaint to substitute the defendant's estate, where the defendant had died prior to commencement of the suit and the statute of limitations had run. We affirm, and hold that 20 Pa.C.S. 3383, which extends the filing period when a defendant is deceased, applies to the initial filing of a complaint, not a...
OPINION BY BENDER, P.J. Appellant, Monsignor William J. Lynn, appeals from the judgment of sentence of 3-6 years' incarceration, imposed following his conviction under the pre-amended version of the endangering the welfare of children (EWOC) statute, 18 Pa.C.S. 4304 (amended 2007). 1 Appellant presents ten questions for our review, generally falling into four categories. First, Appellant challenges the sufficiency of the evidence supporting his conviction by arguing, inter alia, that his...
OPINION BY BOWES, J.: Jori Britt appeals from the judgment of sentence of life imprisonment with a consecutive five to ten years incarceration that was imposed after a jury found him guilty of first-degree murder, possession of an instrument of crime ("PIC"), and carrying an unlicensed firearm and the court found him guilty of persons not to possess a firearm. We affirm. Appellant shot and killed Terrill Gillette on April 8, 2007, with a .50 caliber handgun outside a Chinese take-out...
OPINION BY MUSMANNO, J.: In this class action contract dispute, Cody Cubler ("Cubler"), individually and on behalf of all others similarly situated, appeals from the Order that granted the Motion for judgment on the pleadings filed by TruMark Financial Credit Union ("TruMark"), and dismissed Cubler's Complaint with prejudice. We reverse and remand for further proceedings. The trial court set forth the relevant facts underlying this appeal as follows: [Cubler] commenced this consumer Class...
OPINION BY STRASSBURGER, J.: B.T. (Appellant) appeals from the dispositional orders 1 of January 6, 2012, following his adjudication of delinquency based upon his commission of multiple burglaries 2 and related crimes. On appeal, Appellant challenges (1) the October 6, 2011 order denying his motion to dismiss for lack of jurisdiction, and (2) the October 21, 2011 order denying his motion to suppress. We affirm the dispositional order entered at case 3618; vacate the dispositional orders...
OPINION BY DONOHUE, J.: Beverly Knight ("Knight") appeals from the December 7, 2012 judgment entered by the Court of Common Pleas, Philadelphia County. Upon review, we reverse the decision of the trial court, vacate the judgment entered and remand for further proceedings before the trial court. This case arises out of the sale of a used Hyundai Sonata to Knight on February 19, 2008 by Springfield Hyundai ("Hyundai"), through its employee, George Mavroudis ("Mavroudis") (the two parties...
OPINION BY OTT, J. James L. and Josephine Henry ("the Henrys" collectively) appeal from the orphans' court's order entered on June 14, 2011, and amended June 23, 2011, in the Court of Common Pleas of Perry County, which found the document dated September 8, 2010 was not a valid codicil to the August 11, 2002 Will of Jessie M. Tyler ("Decedent"), and affirmed the Register of Wills' October 29, 2010 decree denying probate. On appeal, the Henrys contend the orphans' court erred: 1) in refusing...
OPINION BY FORD ELLIOTT, P.J.E.: Lillian M. Bell, administratrix of the estate of Lynn Christine Sewak, deceased, and as representative of the estate of the intestate heirs, appeals from the judgment entered August 31, 2012, in this chiropractic malpractice case. Finding no error, we affirm. In October 2006, Ms. Sewak treated with both Brad Todaro ("Todaro") and Joseph Willis ("Willis"), chiropractors. She presented with complaints of neck pain, headaches, and dizziness. Todaro and Willis...
OPINION BY ALLEN, J.: Earl Brandon ("Appellant") appeals from the judgment of sentence imposed after the trial court convicted him of one count of third degree robbery, and one count of making terroristic threats. 1 The trial court sentenced Appellant to a concurrent four years of probation at each count. Appellant presents a single issue for our review: Was not appellant's conviction on a charge different from the one contained in the information a violation of his rights under the Rules...
OPINION BY SHOGAN, J.: Appellant, Hobson Lyle McKown, appeals from the judgment of sentence entered on September 1, 2011, in the Centre County Court of Common Pleas. On appeal, Appellant argues, inter alia, that a Pennsylvania resident who does not have a Pennsylvania license to carry a concealed firearm may carry a concealed firearm in Pennsylvania under the authority of a permit issued by another state that has a reciprocal carry agreement with Pennsylvania. For the reasons that follow, we...
OPINION BY BOWES, J.: Jahmel Kelly appeals from the aggregate judgment of sentence of eighteen to thirty-seven years incarceration imposed by the trial court following his convictions for attempted murder, aggravated assault, criminal conspiracy, carrying a firearm without a license, and person not to possess a firearm. We affirm in part, but vacate Appellant's concurrent sentence for conspiracy. 1 The facts supporting Appellant's convictions are as follows. At approximately 9:30 p.m. on...
OPINION BY BENDER, J. Appellant, Herbert Munday, appeals from the judgment of sentence of an aggregate term of 5-10 years' incarceration imposed following his conviction for drug and firearm offenses. In light of the Supreme Court of the United States' recent holding in Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013), Appellant argues the imposition of a mandatory minimum term of 5 years' incarceration pursuant to 42 Pa.C.S. 9712.1 constitutes an illegal...
OPINION BY FORD ELLIOTT, P.J.E.: Following a jury trial, on October 19, 2011, appellant was found guilty of murder in the first degree, violating the Uniform Firearms Act ("VUFA"), and aggravated assault. Appellant was found not guilty of possessing an instrument of a crime ("PIC"). The charges related to the December 26, 2009 shooting death of Gjon Goods. Immediately following trial, appellant received a mandatory sentence of life imprisonment without the possibility of parole for first-...
OPINION BY STRASSBURGER, J.: Shawn Tann (Appellant) appeals from the judgment of sentence of 5 to 11 years of imprisonment following revocation of his probation. We affirm. The trial court summarized the history of the case as follows. On January 26, 2004, [Appellant] entered into a negotiated guilty plea to [p]ossession [w]ith [i]ntent [t]o [d]eliver (PWID) heroin and crack cocaine, 35 P.S. 780-113(a)(30). He was sentenced pursuant to the guilty plea [agreement] to 11 to 23 months [of]...
OPINION BY PANELLA, J. Appellant, Gerald A. Sandusky, appeals from the judgment of sentence entered October 9, 2012, in the Court of Common Pleas of Centre County. We affirm. A jury convicted Sandusky of 45 counts relating to the sexual abuse of young boys. The eight victims, now all adults, testified in detail about the sexual depravity they suffered as young boys at Sandusky's hands. Combined, the abuse spanned a thirteen-year period, 1995 to 2008. Sandusky met all the victims through a non-...
OPINION BY OLSON, J.: Appellant, Danielle Dickson Gatlos, appeals from the judgment of sentence entered June 4, 2012, committing her to an aggregate sentence of eight to 23 months' incarceration followed by three years' probation for convictions of driving under the influence ("DUI") of alcohol or controlled substance, 1 aggravated assault by vehicle while DUI, 2 four counts of recklessly endangering another person, 3 possession of a small amount of a controlled substance (marijuana), 4...
OPINION BY DONOHUE, J.: Appellant, Selina N. Felder ("Felder"), appeals from the judgment of sentence entered on May 7, 2012, following her convictions for intimidation of a witness/victim, 18 Pa.C.S.A. 4952(b)(2), simple assault, 18 Pa.C.S.A. 2701, and conspiracy to commit simple assault, 18 Pa.C.S.A. 903(a). On appeal, Felder raises two challenges to her sentencing. For the reasons that follow, we affirm. Because Felder's issues on appeal are limited to sentencing, a detailed review...
OPINION BY WECHT, J.: Roberto Delvalle ("Appellant") appeals from the September 9, 2011, judgment of sentence. We affirm. In its Pa.R.A.P. 1925(a) opinion, the trial court set forth the salient facts of this case as follows: On October 30, 2010, two undercover Philadelphia police officers in "plainclothes" conducted a surveillance for drug sales beginning at approximately 3:45 p.m. From a confidential location, officer Eric Crawford used binoculars to observe [Appellant] from a distance of...
OPINION BY GANTMAN, J.: Appellant, Midwest Financial Acceptance Corporation ("MFAC"), appeals from the order entered in the Centre County Court of Common Pleas, which granted the petition of Appellees, Rony E. and Susan M. Lopez, to strike, for improper venue, the confessed judgment entered against them in Allegheny County and transferred to Centre County. Given the non-adversarial nature of a confession of judgment, as well as the limited definition of "action" in Rule 2950, we hold that,...
OPINION BY PANELLA, J. In this appeal, we are asked to address whether the requirement of issue preservation applies to claims that the sentencing court breached a duty in imposing a sentence that admittedly does not exceed the statutory maximum. Specifically, we must determine whether a claim that the sentencing court failed to consider the defendant's ability to pay before imposing fines, in contravention of 42 PA. CONS.STAT.ANN. 9726(c), must be raised before the sentencing court in order...
