OPINIONS NOT PUBLISHED BY THE BUCKS COUNTY LAW REPORTER

The following is a list of those opinions rendered by our Judges which are not being published in the Bucks County Law Reporter.  Copies of these opinions are available at the Bucks County Law Library.

  • Commonwealth of PA vs Kathleen Haydu, CP-09-SA-0000195-2017, CP-09-SA-0000195-2017. Defendant appeals the Court’s sentencing Order.  Waiver – Failure to order trial transcript pursuant to Pa.R.A.P. 1911(a) – Failure to submit statement of matters complained of on appeal pursuant to Pa.R.A.P 1925(b)(4).  Held, Defendant’s appeal should be quashed or denied.  Written by MCMASTER, J., January 2, 2018.
  • Commonwealth of PA vs Jayvon Lassiter-Morris, CP-09-CR-0001051-2017. Defendant appeals to the Superior Court this Court’s Order denying his request for post-conviction relief.  The Court held that defendant failed to file a timely request for trial transcripts as required and that his appeal should be dismissed.  Written by FINLEY, P.J., January 8, 2018.
  • Commonwealth of PA vs Glenn George Doster, CP-09-CR-0002246-1990, CP-CR-0002247-1990, CP-09-CR-0002248-1990, CP-09-CR-0002249-1990, CP-09-CR-0002250-1990, CP-09-CR-0002251-1990, CP-09-CR-0002252-1990, CP-09-CR-0002253-1990. Defendant appeals this Court’s Order denying Defendant’s fifth Post Conviction Relief Act (PCRA) Petition.  The Court held that Defendant’s PCRA Petition was not timely filed and Defendant did not plead a timeliness exception pursuant to 42 Pa.C.S.§9545(b)(1)(i)-(iii).  Written by BATEMAN, J., January 16, 2018.
  • Heritage Business Center, LLP vs Harrison and Elizabeth Butler, 2016-04660. Defendants appeal the Court’s Order finding that transfer of the ownership interest in personal property by Defendants to Defendants’ friend was fraudulent and an attempt by the Defendants to hide assets and deceive creditors.  The Court held that Defendants waived the issues raised on appeal by failing to request and pay for the trial transcript pursuant to Pa.R.A.P. 1911(a) and (d); and the evidence established that the alleged transfer of property was fraudulent.  Written by MCMASTER, J. January 17, 2018.
  • Commonwealth of PA vs Michael Somahkawahho, CP-09-CR-0003066-2016.  Defendant appeals this Court’s imposition of sentence pursuant to PCRA 1925(a).  The Court held that the sentence imposed was reasonable and that the Superior Court should affirm this Court’s Order.  Written by BATEMAN, J.  January 17, 2018.
  • Commonwealth of PA vs Marquise Pierre Mims, CP-CR-0003336-2016. Defendant appeals this Court’s Order denying Defendant’s Post Conviction Relief Act (PCRA) Petition.  The Court held that Defendant’s claims of ineffective assistance of counsel were without merit.  Written by BATEMAN, J.  January 22, 2018.
  • Felix Capone vs American Heritage Federal Union, 2014-04724. Plaintiff appeals the Court’s Order granting Defendant’s Motion for Summary Judgment.  Civil law.  Motion for Summary Judgment – UTPCPL – common law fraud-breach of contract.  Held:  Appellant’s claims are without merit.  Written by FINLEY, P.J.  January 22, 2018.
  • Commonwealth of PA vs Richard Santiago, CP-09-0004122-2017.  Defendant appeals this Court’s Order denying Defendant’s Motion to suppress evidence found during the search of a vehicle during a traffic stop.  The Court held that the search of the vehicle was constitutionally permissible pursuant to Defendant’s consent.  Written by BATEMAN, J.  January 29, 2018.
  • In re: D.A. a/k/a B.A., No. 2017-A9081.  Mother appealed to the Superior Court from the Court’s Decree granting Petition filed by Bucks County Children and Youth Social Services Agency (“Agency”) to Involuntary Terminate Mother’s Parental Rights as to her child, B.A..  The Court held that the Mother has been and continues to be, incapable of adequately parenting B.A. and it is in B.A.’s best interests to grant the Agency’s Petition.  Written by GILMAN, J.  February 1, 2018.
  • Commonwealth of PA vs Jazs Bronner, CP-09-CR-0003294-290214. Criminal law – PCRA-ineffectiveness of counsel – Claim not raised in a PCRA Petition – Waiver of issues.  Held, this Court’s order was supported by the law and the record in this case.  Written by FINLEY, P.J., February 1, 2018.
  • Kendan Worley vs Catherine McQuoid, A06-17-61363-A-37. Defendant appeals Order finding Defendant in contempt of a protection from abuse order.  The Court held that the issues raised on appeal are without merit and Defendant’s appeal should be quashed.  Written by MCMASTER, J.  February 2, 2018.
  • Commonwealth of PA vs Scott Mignonga, CP-09-CR-000085-2015. Criminal law – PCRA – Issues not preserved for appeal – ineffectiveness of counsel.  Held, The matters complained upon in this appeal are without merit and the appeal should be dismissed.  Written by FINLEY, P.J.  February 2, 2018.
  • Commonwealth of PA vs Lewis B. Shilling, Nos. CP-09-CR-0003041-2012, CP-09-CR-0005247-2015, CP-09-CR-0000989-2016 and CP-09-CR-0003998-2017.  Defendant appeals the Court’s judgment of sentence for violation of probation and parole.  The Court held that the issues raised by Defendant on appeal have been waived due to Defendant’s failure to make a written request for transcription of the notes of testimony.  Written by FINLEY, P.J, February 5, 2018.
  • Commonwealth of PA vs Brian Scary, CP-09-CR-2812-2016. Defendant appeals his sentencing for violation of probation/parole.  The Court held that Defendant waived any alleged appellate issues by not filing a Statement of Matters Complained of on Appeal.  Written by GILMAN, J.  February 5, 2018.
  • Commonwealth of PA vs Keble Maitland, CP-09-CR-0005478-2016. Criminal law-PCRA Petition – Failure to file in a timely manner. Held, issues not preserved for appellate review.  Written by BATEMAN, J.  February 14, 2018.
  • Elaine Smeder vs Anthony Hinch, 2013-DR-00908. Domestic Relations – Child support.  Father appeals from his child support Order.  The Court held that Father is capable of gainful employment and the Court’s support Order should be affirmed as it is in the best interests of the child.  Written by TRAUGER, J., March 9, 2018.
  • KMMHH, LP vs Diane M. Zimmerman and Robert J. Zimmerman, 2016-05870. Civil law – Motion for Judgment on the Pleadings – Ejectment – Actual possession. Held:  Motion for Judgment on the Pleadings was appropriate and issues complained of on appeal are without merit.  Written by FINLEY, P.J., March 13, 2018.
  • Dawn Meadows vs Kevin Meadows, 2009-63326. Defendant appealed to the Pennsylvania Supreme Court from the Court’s Decree and Final Order granting the parties a divorce, dividing their property in accordance with a premarital agreement and awarding alimony in favor of the Plaintiff.  The Court held that the Defendant’s appeal is without merit and should be dismissed.  Written by BALDI, J., March 13, 2018.
  • Commonwealth of PA vs David Biscardi-Lucas.P. 09-CR-0004419-2017, C.P. 09-CR-0004482-2017. Criminal law – PCRA – Discretionary aspect of sentencing.  Held, the Court’s order was supported by both the law and the evidence.  Written by BATEMAN, J., March 14, 2018.
  • Nationstar Mortgage, LLC vs Jeffrey F. Kratz, 2009-08837. Defendant appeals to the Pennsylvania Superior Court from the Court’s Order granting Plaintiff’s Motion for Summary Judgment and dismissing Defendant’s Counterclaims.  The Court held that based upon Defendant’s admissions in the pleadings, Plaintiff was entitled to summary judgment; and Defendant’s Counterclaim was not supported by the evidence or the law.  Written by FRITSCH, J., March 16, 2018.
  • Commonwealth of PA vs Shane Richard Mulhern, CP-09-0002906-2012 & CP-09-CR-0002926-2012. Defendant appeals Order imposing sentence.  Sentencing – Violation of probation – Abuse of discretion – Right to allocution.  The Court held that the Superior Court should affirm the Order imposing sentence.  Written by BATEMAN, J. March 20, 2018.
  • In re: K.J.C Involuntary Termination of Parental Rights of K.C. CP-09-2017-A9-012.  Involuntary termination of parental rights.  Mother voluntarily relinquished her parental rights.  After 4 days of hearings, the court found that it was in the child’s best interest that Father’s parental rights be terminated.  Written by GILMAN, J. March 22, 2018.
  • Appeal of Theresa Suozzo and Deborah Edwards From the Decision of the Warrington Township Zoning Hearing Board (“ZHB”), In Re: Application of John Shihaden, No. 2017-04904-40.  Neighbors appeal the decision of the Warrington ZHB granting a dimensional variance to facilitate the subdivision of property owned by John Shihaden.  The Court held that the neighbors lacked standing to appeal the ZHB decision, and the ZHB did not abuse its discretion or commit an error of law in granting the variance.  Written by TRAUGER, J. March 23, 2018.
  • L. vs F.B. f/k/a T.L. Custody-Fast Track Appeal – No. A06-09-63987-C. Withholding custodial visitation.  Held, The Court’s Order awarding primary physical custody to father was supported by both the law and the record in this case.  Written by SCOTT, J. January 24, 2018.
  • In RE: M.B. – Involuntary Relinquishment of Parental Rights, No. 2015-A9070.  Father appeals Court Decree terminating his parental rights.  The Court held that the Father knowingly and voluntarily chose to relinquish his parental rights at a Court hearing; the Father has not made reasonable or responsible strides toward parenting Child; and has neither the present ability nor future plan to alter the course of his life on behalf of Child.  Written by GILMAN, J., April 4, 2018.
  • Wells Fargo N.A., as Trustee for the Certificate Holders of Asset – Based – Pass Through Certificates, Series 2004-WCW2 vs Vernon S. Townsend. 2015-03910.  Civil law – Mortgage foreclosure – Summary Judgment.  Held, The Court’s order granting Plaintiff’s motion for Summary Judgement was properly granted and Defendant’s appeal should be quashed or denied.  Written by MCMASTER, J.  April 6, 2018
  • Roman Elsayed and Emad Michael vs Rhea G. Lichtenstein, 2017-05562. Defendant appeals Order granting possession of the property in dispute to Plaintiffs.  Ejectment – Waiver of Appeal – Failure to file Pa. R.A.P. 1925(b) Statement of Matters Complained of on Appeal – Failure to order trial transcript – Failure to file notice of appeal with the Prothonotary.  Held, Defendant’s Appeal should be quashed or denied.  Written by MCMASTER, J.  April 6, 2018.
  • Rukhsana Hasib vs Mahmood Choudhury, A06-10-60229-DQ. Defendant appeals the Court’s Equitable Distribution Order.  The Court held that it did not err in denying Defendant’s request for a continuance of the equitable distribution hearing in light of the protracted history of this case and Defendant’s delaying tactics; and the equitable distribution Order was supported by the evidence.  Written by MCMASTER, J. April 17, 2018.
  • Brian Hirsch vs Shannon McGinniss, A06-16-60222-17. Child Custody – Failure to order transcript of hearing.  The Court held that Appellant waived his appeal of the Court’s custody Order by failing to order the transcript of the hearing pursuant to Pa.R.A.P. 1911(a).  Written by MCMASTER, J.  May 7, 2018.
  • Diana M. Plucinski vs Brian R. Blair, 2015-DR-00538. Income Capacity – Deviation from support guidelines – Inability to calculate exact earnings.  Held, the Court’s order setting the support order is supported by the evidence and the appeal should be quashed or denied.  Written by MCMASTER, J. May 8, 2018.
  • Anthony Swede and Sylvia Swede vs Richland Township Zoning Hearing Board, 2017-01290. Appellants appeal from a decision of the Richland Township Zoning Hearing Board (ZHB) granting use variances to Applicant.  The Court held that the variances met the requirements of Richland Township Zoning Ordinances for the granting of a variance and that the ZHB did not commit an error of law or an abuse of discretion in granting Applicant the use variances.  Written by P.J. FINLEY, May 18, 2018.
  • Commonwealth of PA vs Kopach, CP-09-0004018-2017. Appeal of denial of Appellant’s Motion to Modify and Reconsider Sentence. Criminal law-PCRA-Sentencing-Knowing, intelligent and voluntary waiver. Held:  Issues raised on appeal are without merit and appeal should be dismissed.  Written by P.J. FINLEY, June 14, 2018.
  • Commonwealth of PA vs Bryan Murphy, CP-09-CR-0003540-2017. Defendant appeals from the Court’s judgment of sentence for the crimes of Robbery and Theft by Unlawful Taking.  Sentencing – Sentencing Guidelines.  The Court held that the sentence imposed by the Court was appropriate pursuant to the factors set forth in 42 Pa.C.S.§9721(b) and was not an abuse of the Court’s discretion.  Written by MCHUGH, J., June 18, 2018.
  • JR Sons, LLC & GK Automotive, Inc. d/b/a PLAZA SHELL SERVICE STATION vs Falls Township Board of Supervisors, C.P.   2017-03768.  Civil Action – land use – Commonwealth Court scope of review.  Held:  The Board decision that the Township code’s regarding proximity requirement for automotive service stations was not violated by the Board’s decision allowing landowner to construct a drug store, Wawa convenience store and multiple gas pumps and that the decision should be affirmed.  Written by GILMAN, J., June 20, 2018.
  • Commonwealth of PA vs John Liebel, No. CP-09-CR-0002466-1997. Defendant filed a ninth Post Conviction Relief Act Petition (“PCRA”).  Government interference exception to the PCRA’s jurisdictional time limit – Change of venue.  The Court held that Defendant’s claims were without merit.  Written by FINLEY, P.J., June 25, 2018
  • S. Bank National Association, as trustee on behalf of the holders of The Home Equity Asset Trust, 2006-5, Home Equity Pass-Through Certificates Series 2006-5 vs Enrique and Silvia DeLeon, III, No. 2014-06492. Defendants appeal Order granting Plaintiff’s Motion for Summary Judgment.  Mortgage foreclosure – Waiver of appellate rights – Failure to file Statement of Matters Complained of on Appeal – Failure to serve notice of appeal on trial court judge.  The Court held that Defendants’ appeal should be dismissed.  Written by MCMASTER, J., July 13, 2018.
  • Commonwealth of PA vs Nicholle Barcalow, CP-09-SA-0000008-2018. Appellant appeals to the Superior Court from the judgment of sentence of a $216.30 fine and costs following her conviction of the summary offense of exceeding the maximum speed limit by 25 MPH.  Waiver –Failure to file a Pa.R.A.P. 1925 statement – Speeding.  The Court held that Appellant waived all issues raised on appeal and there was sufficient evidence to support the Court’s finding Appellant guilty of traveling at an excessive rate of speed.  Written by FRITSCH, JR., J., July 13, 2018.
  • East Rockhill Township vs East Rockhill Township Zoning Hearing Board and James Burkey. 17-02158. Land use appeal – Variance request – “Accessory Home Occupation” – Use or property as base of operations.  Held:  The previous Memorandum Opinion and Order of April 20, 2018 sufficiently addressed the issues raised in the present appeal and the reasons for dismissal.  The present appeal should be dismissed.  Written by FRITSCH, JR, J., July 13, 2018.
  • Commonwealth of PA vs Ronald Martin, CP-09-SA-193-2018.  Criminal law- Motor vehicle violation – Failure to file timely appeal and concise statement of matters complained of – Waiver of issues.  Held:  The present appeal should be dismissed.  Written by BALDI, J., July 23, 2018.
  • Wells Fargo Bank, N.A. vs Bryan M. Barosh and Christopher A. Barosch, No. 16-00095. Mortgage Foreclosure – Motion for Summary Judgment. Appeal of Defendant, Christopher A. Barosh, from Court’s Order granting Plaintiff’s Motion for Summary Judgment.  The Court held that Summary Judgment was proper where Defendants/Mortgagors admitted that:  they made and executed a Mortgage of which Plaintiff is the current mortgagee and holder of the Note; they defaulted pursuant to the Mortgage terms; and the Mortgage was recorded in a specified amount.  Written by FRITSCH, J., July 24, 2018.
  • Commonwealth of PA vs Kurt Holloway, No. CP-09-CR-0001877-2017. Defendant appeals from his judgment of sentence following the revocation of his probation.  Sentencing – Violation of probation.  The Court held that it did not abuse its discretion in sentencing Defendant to a period of total confinement of not less than 12 months nor more than 36 months.  Written by MCHUGH, J., July 24, 2018.
  • Mindy L. Vasofski vs William E. Shaw, No. 2004-63495. Defendant appeals from the Court’s decision denying Defendant’s Motion to Modify an Existing Support Order.  The Court held that Defendant’s failure order a transcript of the hearing pursuant to Pa. R.A.P. 1911(a) constituted a waiver of the issues raised on appeal.  Written by MCMASTER, J., August 2, 2018.
  • L.M vs S.A.M. CP-2012-60047-C. Family Law – Custody – Concise statement of matters complained of on appeal – Timeliness – Waiver of issues.  Held, Appeal should be denied or quashed.  Written by MCMASTER, J., August 7, 2018.
  • Commonwealth of PA vs James Beal, Nos. CP-09-CR-0007274-2007 & CP-09-CR-0007286-2007. Defendant appeals to the Pennsylvania Superior Court from the Court’s Order denying in part Defendant’s Second Amended Petition for Post-Conviction Relief.  Withdrawl of guilty plea – Ineffective assistance of counsel.  The Court held that Defendant’s guilty plea was voluntary and knowing and Defendant failed to present a factual or legal basis to allow him to withdraw his guilty plea.  Written by BALDI, J., August 14, 2018.
  • Commonwealth of PA vs Robert Spurgeon, No. CP-09-CR-0003053-2013. Defendant files this appeal to the Pennsylvania Superior Court pursuant to the Post Conviction Relief Act asserting a claim of ineffectiveness of counsel.  The Court held that Defendant’s claims were without merit and that the appeal should be dismissed.  Written by BATEMAN, J., August 15, 2018.
  • Commonwealth of PA vs Jean Saxon, No. CP-09-CR-0002168-2005. Defendant, pro se, filed an appeal from this Court’s denial of her most recent PCRA Petition. The Court held that Defendant’s Petition was untimely and there is no legal basis for Defendant’s claims.  Written by BALDI, J., September 11, 2018.