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 v. David McComb, CP-09-CR-0001953-2014. Defendant appeals the dismissal of his Post Conviction Relief Act (“PCRA”) Petition. The Court held that the petition filed almost four years after the judgment of sentence was untimely and does not fall within one of the time bar exceptions enumerated under 42 Pa.C.S §9545(b)(1). Written by FINLEY, P.J., January 2, 2019.
  • Gordon v. Gordon, CP. 2018DR0507, PACES NO. 633117025. Family Law-Appeal of an agreed upon support order – Failure to follow appropriate rules of appellate procedure. Held, appeal, even if found to be properly perfected, should be quashed or denied. Written by J. McMASTER, March 3, 2019.
  • Commonwealth v. Keith Panzer, No. CP-09-CR-0006065-2008. Defendant appeals to the Pennsylvania Superior Court following dismissal of his untimely Post Conviction Relief Act (“PCRA”) Petition. SORNA – 42 PA.C.S. §9545(b)(1)(iii) – Commonwealth v. Muniz, 164 A. 3d 1189 (Pa. 2017). The Court held that because neither the United States Supreme Court nor the Pennsylvania Supreme Court has held that Muniz applies retroactively to untimelyl PCRA Petitions, Muniz does not qualify as an exception to the PCRA’s one-year time bar. Written by FINLEY, J., March 15, 2019.
  • Commonwealth v. Anton Stewart, No. CP-09-CR-0002791-2017. Defendant appeals to the Pennsylvania Superior Court from this Court’s Judgement of Sentence. Untimely appeal – Failure to file concise statement of errors complained of on appeal. The Court held that Defendant’s appeal was untimely pursuant to Pa.R.A.P. 903; and Defendant’s claims are waived because Defendant did not file a concise statement of the errors complained of on appeal in accordance with Pa. R.A.P. 1925 (b) Written by J. BATEMAN, March 22, 2019.
  • Commonwealth v. Dennis Edward Frye, Jr., No. CP-09-0003007-2017. Defendant appeals to the Pennsylvania Superior Court from the denial of post-sentence motions. Unlawful Contact with Minor-Sexual Offenses and related crimes – Merger of sentences – Consecutive sentences. The Court held that a substantial question for appellate review has not been raised and Defendant was appropriately sentenced pursuant to the factors and considerations in the Sentencing Code. Written by J. MCHUGH, March 29, 2019.
  • Commonwealth v. Jeffrey Stafford, Nos. CP-09-CR-0006761-2015 & CP-09-CR-0000594-2016. Defendant appeals this Court’s Order denying Defendant’s request for relief pursuant to the Post Conviction Relief Act (“PCRA”). First Degree Murder – Ineffective assistance of counsel – Criminal information – Mandatory life sentence. The Court that Defendant failed to raise a claim upon which relief could be granted. Written by GIBBONS, J., October 16, 2018. 
  • Commonwealth v. Erika Rosa, No. CP-09-CR-5644-2011. Defendant appeals from the Court’s Order denying her request for relief pursuant to the Post Conviction Relief Act. Conspiracy Delivery of heroin and related crimes – Ineffective assistance of counsel – Involuntary guilty plea. The Court held that Defendant’s claims were without merit. Written by GIBBONS, J., April 11, 2019. 
  • Commonwealth v. Norman Williams, No. CP-09-CR-0003573-2015. Defendant appeals this Court’s Order denying his request for relief pursuant to the Post Conviction Relief Act (“PCRA”). Robbery of a motor vehicle and related offenses- Ineffectiveness of counsel- Genuine issue of material fact- Inconsistency of victim’s testimony. The Court held that Defendant failed to raise a claim upon which relief could be granted. Written by GIBBONS, J., April 17, 2019. 
  • Commonwealth of Pennsylvania v. Louis Piccinetti, No. CP-09-0005035-2016. Defendant appeals the Court’s denial of Post-Conviction Relief. Statement of Matters Complained of on Appeal – Waiver. The Court held that Defendant did not preserve any issue for appellate review by failing to timely file a Pa.R.A.P. 1925(b) statement. Written by P.J. BATEMAN, June 10, 2019. 
  • Commonwealth v Turon Mcgee, No 7483-2008. Defendant appeals this Court’s modification of the terms of his probation an added condition of his parole including lifetime reporting reporting pursuant to Megan’s Law. Criminal law-Post Conviction Relief Act (“PCRA”). Sentencing, Sex offender reporting.  The Court held that Defendant’s appeal was without merit.  Written by FINLEY, J. August 31, 2019. 
  • The Estate of Sylvester H. Cook v. Dianne Nowicki and Sllan J. Nowicki, No. 2018-03455. Defendants appeal this Court’s Order denying their Petition to Open/Strike Judgement. Mortgage – Confession of Judgement – Lis pendens. Held, the Court did not err in denying the Petition to Strike/Open Judgement. Written by J. Mellon, September 6, 2019. 
  • Commonwealth v. Todd White, No. CP-09-CR-0001497-2018. Defendant appeals his conviction and sentence for the crimes of robbery and related offenses. Sufficiency of the evidence – Opinion of lay witness – RRRI eligibility. Held, the evidence presented at tiral established that Defendant was guilty of the crimes charged; the opinion of the lay witness was admissible under Pa.R.E. 701; and Defendant was not eligible for RRRI. Written by J. FINLEY, September 11, 2019. 
  • Commonwealth v. Joseph Gries, No. CP-09-CR-0001564-2016. Defendant appeals this Court’s judgement of sentence. PCRA- Sentencing- SORNA- Sexually Violent Predator Designation. Held, Defendant’s appeal should be dismissed and Judgement of sentence should be affirmed. Written by BATEMAN, J., September 12, 2019.
  • Commonwealth v Darrius Price, CP-09-0000025-2018. Defendant appeals this Court denial of his post-sentence motion to withdraw his guilty plea. Criminal La- Post Conviction Relief- Motion to Withdraw Guilty Plea.  The Court help that Defendant’s guilty plea was knowingly, intelligently, and voluntarily entered and that it was not error for the court to deny his post-sentence motion to withdraw his plea of guilty. Written by McHigh, J., September 13, 2019 
  • Commonwealth v. Samir Sanders, No. CP-09-CR-0002212-2018. Defendant appeals the Court’s denial of post-sentence motions. Registration pursuant to SORNA. Held, the registration requirements under SORNA are constitutional because registration requires that a defendant be found guilty beyond a reasonable doubt. Written by BATEMAN, P.J., September 13, 2019. 
  • In Re: Estate of Francis Nowicki, Deceased. No. 2018-E0156.  Appellant appeals to the Pennsylvania Superior Court this Court’s Decree granting the Amended Petition to Approve Agreement of Sale and Conservation Easement filled by Co-Trustee. Orphans Court-Failure to order notes of testimony- Proposed sale of subject property-Best interests of the trust.  The Court held that the granting of Amended Petition to Approve Agreement of Sale and Conservation Easement should be affirmed. Written by Fritsch, Jr., Admin J., September 20, 2019 
  • Louis E. Pirri v Marisa A. Pirri, No A06-2014-61714-D-40. Wife appeals this Courts Order from an equitable distribution order.  Family Law- Equitable distribution-Failure to file Concise Statement of Matters Complained of on Appeal-No issues preserved for meaningful appellate review. The Court respectfully suggested that Wife’s Appeal should be denied and that its Equitable Distribution Order be affirmed. Written by TRAUGER, J., September 30, 2019 
  • Commonwealth v. David Harris, No. CP-09-CR-0007165-2015.  Defendant appeals to the Superior Court from the denial of his post-trial motion to suppress evidence. Possession of child pornography -Search warrant-Affidavit of probable cause.  Held, based on the totality of circumstances, probable cause existed for the issuance of a search warrant. Written by MCHUGH, J., September 30, 2019.
  • Commonwealth v. Jessie King, No. CP-09-0001588-2016. Appellant appeals this Court’s Order denying his request for relief pursuant to the Post Conviction Relief Act (PCRA SORNA- Timeliness of filing petition for relief- Timeliness exceptions- Jurisdiction. The Court held that Appellant failed to raise a claim upon which relief could be granted. Written by Finley, P.J.October 7, 2019. 
  • Suwannee Karner v. Eric Kamer, No. 2015DROB04. Father files this appeal from an Order of this Court denying his Petition to Modify/Decrease the sum of his child support. Family law-Child support ­Modification- Failure to file Concise Statement of Matters Complained of on Appeal. The Court held that the appeal should be quashed or denied. Written by McMASTER, J., October 10, 2019. 
  • Commonwealth v. Francis Dennis Kinney, No. CP-09-CR-0006786-2018.  Defendant appeals from judgement of sentence imposed after pleading guilty to driving under the influence of alcohol and a controlled substance (“DUI”). Sentencing. Held, there was manifest of abuse of discretion in sentencing Defendant to 60 days incarceration on a first DUI offense Written by GIBBONS, J., October 11, 2019. 
  • Kevin McKenna v. Peter Lehman, No. 2019-61270-A. Stepfather appeals from a Final Protection of Abuse Order entered against Stepfather for sexual misconduct towards his minor stepdaughter. Protections from abuse. Held, the Court did not abuse its discretion or commit an error of law as the Court’s findings were suppWorted by ample evidence in the record.  Written by MCMASTER, J. October 21,2019. 
  • Commonwealth v. Phillip Womack, No. CP-09-CR-0004798-2018. Defendant appeals the Court’s judgment of sentence after Defendant pleaded guilty to the crime of Corruption of Minors. Sentencing guidelines. The Court held that it did not abuse its discretion in imposing a sentence in the aggravated range. Written by BATEMAN, P.J., October 23, 2019. 
  • Wells Fargo Bank, N.A., et al. v. James and Sumn Hewi/1, h/w, No. 20/7-03597. Pro se Defendants appeal in rem judgment entered against them. Mortgage foreclosure – Motion for summary judgment. The Court held that due to Defendants’ admissions in their pleadings, there were no genuine issues of material fact and granting Plaintiff’s motion for summary judgment was appropriate. Written by MCHUGH, October 24, 2019. 
  • Rukhsana Hasib v. Mahmood Choudhury, No. A06-10-60229-DQ.  Husband appeals Order involving a limited partnership that is a marital asset.  Equitable distribution.  Held, a partnership interest is martial property and can therefore be subject to equitable distribution.  Written by MCMASTER, J., November 6, 2019. 
  • Chris Collins and Jeff Kampf v. Maestros Classic, LLC, No. 2016-03849-37. Defendant appeals the judgment entered on a verdict entered in favor of Plaintiffs. Breach of contract -Quantum meruit -Compulsory nonsuit. The Court held that Defendant breached its contract with Plaintiffs; Plaintiffs could also recover under quantum meruit; and the Court’s determination to deny Defendant’s motion for compulsory nonsuit was valid. Written by J. MCMASTER, November 6, 2019. 
  • Danielle Fisher v. A.O. Smith Harvestore Products, Inc., A.O. SmithCorporation; A.O. Smith (Harvestore Products); HarvestoreSystems tld/b/a Harvestore; Columbia Tee Tank; CST Industries, Inc.; and Penn Jersey Products, Inc. No. 2011-03913. Asset Purchase Agreement. Held, verdict was not in error. Written by MELLON, J., November 13, 2019. 
  • Commonwealth v. Marc Haworth, No. CP-09-CR-0002723-2017. Defendant appeals this Court’s Order dismissing his Post-Conviction Relief Act Petition (PCRA}. Home Improvement Fraud – Ineffectiveness of counsel – Guilty plea – Right to a hearing. The Court held that Defendant’s appeal should be quashed or denied. Written by MCMASTER, J., November 25, 2019. 
  • Commonwealth v. Jesse Smoot, Nos. CP-09-CR-005867,0005868,0005869,0005875,0005876, 0005879, 0005882, 0005883-2013. Defendant appeals the Court’s denial of Post Conviction Relief Act (PCRA) Petition. Ineffective Assistance of Counsel – Deprivation of Counsel – Continuance request – Cumnulative errors. Held, Defendant failed to demonstrate that Defendant’s trial counsel was ineffective resulting in prejudice to Defendant and the Superior Court should affirm the Court’s denial of Defendant’s PCRA Petition. Written by BATEMAN, P.J., November 25, 2019.
  • Raymond L. and Dawn M Thomas v. County of Bucks Tax Claim Bureau, Tax Parcel No. 13- 006-309, No. 2017-06457. Petitioners appeal the Court’s Order denying their petition to vacate and set aside upset tax sale. Real Estate Tax Sale Law of 1947 (RETSL), 72 P.S. §5820.10, et seq. – Notice requirements – Evidentiary hearing. Held, The Tax Claim Bureau complied with the requirements of RETSL and the Court did not err in not holding an evidentiary hearing. Written by P.J. Bateman, December 5, 2019. 
  • J&J Properties, LLC v. Bristol Oak Properties, Inc., et al., No. 2019-01952. Defendants appeal the Court’s Order denying Defendants’ Petition to Open/Strike Judgment. Default judgment -Petition to Open/Strike Judgment – Reasonable excuse for delay in responding to the Complaint. Held, Defendants failed to offer an adequate reason for their delay in responding to the Complaint. Written by TRAUGER, J., December 9, 2019.