HUNTINGDON NAT. BANK v. K-COR, INC., 107 A.3d 783 (2014)

OPINION BY BENDER , P.J.E. : K-Cor, Inc. (Appellant) appeals from the order entered on July 12, 2013, denying its petition to strike or open judgment entered by confession. We affirm. The following facts are not in dispute. This case involves guarantees on two commercial loans. In November 2000, Huntingdon National Bank's predecessor, Sky Bank, entered into a loan agreement with Rock Airport of Pittsburgh, LLC (Airport LLC), pursuant to which the bank loaned $3,000,000 to Airport LLC....

PARR v. FORD MOTOR CO., 109 A.3d 682 (2014)

OPINION BY SHOGAN , J. : Plaintiffs-Appellants, Joseph and April Parr ("the Parrs"), husband and wife, individually and as parents and guardians of their minor daughter, Samantha Parr, appeal from the August 31, 2012 judgment of the Court of Common Pleas of Philadelphia County, which was entered following the denial of the Parrs' motion for post-trial relief. Appellees are Defendants Ford Motor Company, McCafferty Ford Sales, Inc. doing business as McCafferty Auto Group, McCafferty Ford of...

COM. v. FREELAND, 106 A.3d 768 (2014)

OPINION BY PLATT , J. : Appellant, Keyon Tyrell Freeland, appeals pro se from the order denying his first petition for relief pursuant to the Post Conviction Relief Act (PCRA), 42 Pa. C.S.A. 9541-9546. Counsel has filed a Turner/Finley "no merit" letter and petitioned this Court for permission to withdraw. 1 Appellant filed a response to counsel's petition. Appellant has also filed a pro se brief. We grant counsel's petition and affirm the order denying PCRA relief. Appellant'...

COM. v. THOMPSON, 106 A.3d 742 (2014)

OPINION BY MUNDY , J. : Appellant, Maurquis Thompson, appeals from the June 21, 2013 judgment of sentence of life imprisonment plus 36 to 72 months' imprisonment imposed after a jury found him guilty of two counts each of third-degree murder, homicide by vehicle while driving under the influence (DUI), homicide by vehicle, accidents involving death, and accidents involving death while not properly licensed; and one count each of fleeing or attempting to elude a police officer, DUI (...

COM. v. TOTARO, 2133 MDA 2013. (2014)

COM. v. BIZZEL, 107 A.3d 102 (2014)

OPINION BY SHOGAN , J. : Appellant, Jermal Bizzel, appeals from the judgment of sentence entered on April 16, 2013, in the Philadelphia County Court of Common Pleas. In this appeal, Appellant argues that the unconstitutional provisions of 18 Pa.C.S. 6317 (Drug-free school zones) cannot be severed from the remainder of the statute, and therefore, the entire statute should be declared void and unenforceable. We conclude they cannot be severed, and thus hold that 18 Pa.C.S. 6317 is...

COM. v. FENNELL, 105 A.3d 13 (2014)

OPINION BY MUNDY , J. : Appellant, Caseen Fennell, appeals from August 12, 2013 aggregate judgment of sentence of three to six years' imprisonment after he was convicted of one count each of possession with intent to deliver (PWID) and intentional possession of a controlled substance. 1 After careful review, we vacate and remand for resentencing. We summarize the relevant factual and procedural history of this case as follows. On November 29, 2012, the Commonwealth filed an information,...

COM. v. TREADWAY, 104 A.3d 597 (2014)

OPINION BY STRASSBURGER , J. : Peter Allen Treadway (Appellant) appeals from his aggregate judgment of sentence of 100 to 200 years of imprisonment for his convictions for 45 counts of various sex crimes. We affirm. A prior panel of this Court offered the following succinct summary of the facts of this case. [Appellant] sexually abused his stepdaughter. This depravity continued for years. The victim testified that the abuse began when she was nine or ten years old and that [Appellant]...

COM. v. PARKER, 104 A.3d 17 (2014)

OPINION BY OLSON, J.: Appellant, Braheim Parker, appeals from the judgment of sentence entered on March 4, 2011. In this appeal, we consider whether an out-of-court question can be hearsay. We hold that an out-of-court question can be hearsay if it includes an assertion. We conclude, however, that the hearsay statement in this case was properly admitted into evidence. As we also conclude that Appellant is not entitled to relief with respect to his remaining claims of error, we affirm. The...

COM. v. GILLESPIE, 103 A.3d 115 (2014)

OPINION BY GANTMAN , P.J. : Appellant, William Anthony Gillespie, appeals from the judgment of sentence entered in the Erie County Court of Common Pleas, following his jury trial convictions for possession with intent to deliver ("PWID"), simple possession, and possession of drug paraphernalia. 1 We affirm. The trial court set forth the relevant facts of this case as follows: The Sheriff of Erie County is charged with the responsibility of providing security for the [Erie County]...

COM. v. GENTRY, 101 A.3d 813 (2014)

OPINION BY MUNDY, J. Appellant, Russell Allan Gentry, appeals from the December 17, 2013 order dismissing his "Motion for Restitution to be Discharged" and amending the restitution amount in his case from $49,000.00 to $42,000.00. After careful review, we reverse and remand for further proceedings. We summarize the relevant factual and procedural background of this case as follows. On June 2, 2009, the Commonwealth filed an information charging Appellant with three counts of possession...

COM. v. VALENTINE, 101 A.3d 801 (2014)

OPINION BY ALLEN, J. Jose Valentine ("Appellant") appeals from the judgment of sentence imposed after a jury convicted him of robbery. 1 We vacate Appellant's judgment of sentence and remand for resentencing. The pertinent facts and procedural history are as follows: On November 4, 2012, at approximately 6:05 a.m., the victim, Renee Gibbs, was alone, waiting for her SEPTA bus, at the intersection of Ninth and Lloyd Streets in Chester City, when she was approached from behind by Appellant,...

BANK OF AMERICA, N.A. v. GIBSON, 102 A.3d 462 (2014)

OPINION BY STABILE , J. : In this mortgage foreclosure action, the trial court entered summary judgment in favor of the mortgage holder, Appellee, Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P. (Bank of America). William Gibson, Appellant and mortgagor, appeals from that order, arguing that disputed, genuine issues of material fact exist regarding an assignment of the mortgage, thus precluding entry of summary...

COM. v. WILSON, 101 A.3d 1151 (2014)

OPINION BY PANELLA, J. The Commonwealth of Pennsylvania appeals the Court of Common Pleas of Philadelphia County order, which denied the Commonwealth's petition for a writ of certiorari, from the order entered in Municipal Court granting Appellee, Tarique Wilson's Motion to Suppress Evidence. The Commonwealth contends that the lower courts erred in determining that 75 Pa. C.S.A. 3802(d), pertaining to driving under the influence of a controlled substance, requires blood testing within two...

COM. v. PANDER, 100 A.3d 626 (2014)

OPINION BY BOWES, J.: Anthony Pander appeals from the order entered December 17, 2012, in which the court denied his first counseled petition for post-conviction relief filed pursuant to the Post-Conviction Relief Act ("PCRA"), 42 Pa.C.S. 9541-9546. We affirm. This case involves the killing of Andreas Gabrinidis, Appellant's brother-in-law. Appellant, his sister Georgianna Pander, 1 and Georgianna's boyfriend, Brian Dingler, were celebrating New Year 2008 at Dingler's residence. Georgianna...

AMERISOURCEBERGEN v. ACE AMERICAN INS. CO., 100 A.3d 283 (2014)

OPINION BY JENKINS, J. AmerisourceBergen Corporation, AmerisourceBergen Specialty Group, Integrated Nephrology Network, and ASD Healthcare (collectively "Amerisource") incurred attorney fees and related costs defending a False Claims Act 1 lawsuit brought in Massachusetts federal court. Amerisource demanded that its insurer, ACE American Insurance Company ("ACE"), pay the attorney fees and costs, but ACE refused to pay on the basis of several exclusions in Amerisource's 2009-10 policy....

GARDNER v. CONSOLIDATED RAIL CORP., 100 A.3d 280 (2014)

OPINION BY BOWES, J.: Consolidated Rail Corporation and Norfolk Southern Railway Company appeal from the April 10, 2013 order that granted reconsideration of a final appealable order entered on February 19, 2013. As the court was without jurisdiction to modify its February 19, 2013 order, we vacate the order dated April 10, 2013 and remand for entry of an order transferring this action to the Court of Common Pleas of Blair County. Appellees, Frank E. Gardner and Thomas C. Costea, instituted...

COM. v. HARDY, 99 A.3d 577 (2014)

OPINION BY SHOGAN, J.: Appellant, Keith Hardy, appeals from the trial court's order denying his petition for writ of certiorari. Upon review, we vacate and remand. On June 18, 2012, Appellant pled guilty to one count of retail theft on each of two docket numbers: MC-51-CR-0041747-2010 and MC-51-CR-0053427-2011. He was sentenced to one year of reporting probation on each charge, the sentences to run concurrently. On January 16, 2013, Appellant pled guilty to theft by unlawful taking. As a...

COM. v. LAWRENCE, 99 A.3d 116 (2014)

OPINION BY MUNDY, J.: Appellant, Byshere Lawrence, appeals from the May 24, 2013 aggregate judgment of sentence 1 of 45 years to life imprisonment after he was found guilty of first-degree murder, firearms not to be carried without a license, and possession of an instrument of a crime (PIC). 2 After careful review, we affirm. We summarize the relevant facts and procedural history of this case as follows. On September 26, 2011, the Commonwealth filed an information charging Appellant with...

COM. v. TISDALE, 100 A.3d 216 (2014)

OPINION BY OTT, J. Christopher Tisdale appeals from the judgment of sentence imposed on him on March 4, 2013, following his conviction on the charge of possession of a controlled substance — marijuana ("possession"). 1 Following a non-jury trial, Tisdale was acquitted of the charge of possession with intent to deliver ("PWID"). 2 Tisdale's sole issue on appeal is his claim that he was improperly convicted of possession and should have been convicted of possession of a small amount of...