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2002 Opinions

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2002 Opinions ERIE COUNTY LEGAL JOURNAL (Published by the Committee on Publications of the Erie County Legal Journal and the Erie County Bar Association) Reports of Cases Decided in the Several Courts of Erie County for the Year 2002 LXXXV ERIE, PA JUDGES of the Courts of Erie County during the period covered by this volume of reports COURTS OF COMMON PLEAS HONORABLE WILLIAM R. CUNNINGHAM -------- President Judge HONORABLE GEORGE LEVIN ---------------------------- Senior Judge HONORABLE ROGER M. FISCHER ----------------------- Senior Judge HONORABLE FRED P. ANTHONY --------------------------------- Judge HONORABLE SHAD A. CONNELLY ------------------------------- Judge HONORABLE JOHN A. BOZZA ------------------------------------ Judge HONORABLE STEPHANIE DOMITROVICH --------------------- Judge HONORABLE ERNEST J. DISANTIS, JR. ------------------------- Judge HONORABLE MICHAEL E. DUNLAVEY -------------------------- Judge HONORABLE ELIZABETH K. KELLY ----------------------------- Judge HONORABLE JOHN J. TRUCILLA --------------------------------- Judge Volume 85 TABLE OF CASES -A- Ager, et al. v. Steris Corporation ------------------------------------------------ 54 Alessi, et al. v. Millcreek Township Zoning Hearing Bd. and Sheetz, et al. 77 Altadonna; Commonwealth v. --------------------------------------------------- 90 American Manufacturers Mutual Insurance Co.; Odom v. ----------------- 232 Azzarello; Washam v. ------------------------------------------------------------ 181 -B- Beaton, et. al.; Brown v. ------------------------------------------------------------ 1 Bentley v. Bentley --------------------------------------------------------------- 201 Bible, Bryan, et al. v. Girard School District --------------------------------- 251 Bishop of the Erie Catholic Diocese in Trust for St. Jude the Apostle Catholic Church v. Erie County Bd. of Assessment Appeals v. Millcreek Twp. School District ---------------- 220 Brown v. Beaton, et al. ------------------------------------------------------------- 1 -C- Calicchio v. Erie County Bd. of Assessment Appeals v. Millcreek Twp. School District ------------------------------------------- 61 Cellular One-Erie, et al.; Mihadas v. -------------------------------------------- 19 City of Erie Water Authority, et al.; Colussi v. ------------------------------- 86 CNA Insurance Company; Schenck v. ---------------------------------------- 174 Colussi v. City of Erie Water Authority, et al. -------------------------------- 86 Commonwealth v. Altadonna ---------------------------------------------------- 90 Commonwealth v. Dillon --------------------------------------------------------- 30 Commonwealth v. McDowell -------------------------------------------------- 216 Commonwealth v. Phillips ------------------------------------------------------ 238 Commonwealth v. Privott ------------------------------------------------------- 208 Commonwealth v. Vactor ------------------------------------------------------- 101 Commonwealth v. Ward --------------------------------------------------------- 140 Commonwealth v. White --------------------------------------------------------- 67 Crockett v. Edinboro University of PA --------------------------------------- 184 -D- Dillon; Commonwealth v. -------------------------------------------------------- 30 -E- Edinboro University of PA; Crockett v. -------------------------------------- 184 Erie County Bd. of Assessment Appeals v. Millcreek Twp. School District; Calicchio v. ------------------------------------------- 61 Erie County Bd. of Assessment Appeals v. Millcreek Twp. School District; Bishop of the Erie Catholic Diocese in Trust for St. Jude the Apostle Catholic Church v. --------------------- 220 -F- Feick v. Fox, et al. ----------------------------------------------------------------- 40 Ferri v. Highmark Blue Cross/Blue Shield ------------------------------------- 190 Fox, et al.; Feick v. ---------------------------------------------------------------- 40 -G- Garcia v. Horn, et al. -------------------------------------------------------------- 94 Girard School District; Bible, Bryan, et al. v. --------------------------------- 251 Griffin, et al. v. Hamot Medical Center, et al. ----------------------------------- 6 -H- Hamot Medical Center, et al.; Griffin, et al. v. ---------------------------------- 6 Harris; Hudacky v. --------------------------------------------------------------- 137 Highmark Blue Cross/Blue Shield; Ferri v. ------------------------------------ 190 Horn, et al.; Garcia v. ------------------------------------------------------------- 94 Hudacky v. Harris ---------------------------------------------------------------- 137 -I- In Re: Condemnation by the Comm. of PA, Dept of Trans., of the Right-of-Way for State Route 4034, Section A51, in the City of Erie ---------------------------------------------- 45 Infinity Resources, Inc. and Cesek; Mountain Laurel Assurance Company v. -------------------------------------------------------- 72 -K- Kelso Woods Association, Inc. v. Swanson ---------------------------------- 224 -L- Lynn v. Powell and Lynn ------------------------------------------------------- 256 -M- McDowell; Commonwealth v. -------------------------------------------------- 216 Mihadas v. Cellular One-Erie, et al. --------------------------------------------- 19 Millcreek Township v. Transportation Investment Group and Benacci - 195 Millcreek Twp. School District; Bishop of the Erie Catholic Diocese in Trust for St. Jude the Apostle Catholic Church v. Erie County Bd. of Assessment Appeals v. -------- 220 Millcreek Twp. School District; Calicchio v. Erie County Bd. of Assessment Appeals v. ----------------------------------------------- 61 Millcreek Township Zoning Hearing Bd. and Sheetz, et al.; Alessi, et al. v. ------------------------------------------------------------------ 77 Mountain Laurel Assurance Company v. Infinity Resources, Inc. and Cesek ----------------------------------------------------- 72 -O- Odom v. American Manufacturers Mutual Insurance Co. ------------------ 232 -P- Perseo v. Perseo ------------------------------------------------------------------- 25 Phillips; Commonwealth v. ----------------------------------------------------- 238 Powell and Lynn; Lynn v. ------------------------------------------------------- 256 Privott; Commonwealth v. ------------------------------------------------------ 208 -S- Schenck v. CNA Insurance Company ----------------------------------------- 174 Steris Corporation; Ager, et al. v. ----------------------------------------------- 54 Swanson; Kelso Woods Association, Inc. v. ---------------------------------- 224 -T- Transportation Investment Group and Benacci v. Millcreek Township ----------------------------------------------------------- 195 -V- Vactor; Commonwealth v. ------------------------------------------------------- 101 -W- Ward; Commonwealth v. -------------------------------------------------------- 140 Washam v. Azzarello ------------------------------------------------------------ 181 White; Commonwealth v. -------------------------------------------------------- 67 Volume 85 SUBJECT MATTER INDEX -A- AGENCY Independent Contractor Ostensible Agent ------------------------------------------------------------ 40 Vicarious Liability ------------------------------------------------------------- 19 -C- CIVIL PROCEDURE Contempt of Court ----------------------------------------------------------- 224 Discovery Interrogatories ----------------------------------------------------------------- 1 Subpoenas ------------------------------------------------------------------ 174 Interest ------------------------------------------------------------------------- 224 Motion For Summary Judgment ------------------------ 40, 86, 94, 190, 232 Petitions Rule to Show Cause ------------------------------------------------------- 174 Pleadings Preliminary Objections ---------------------------- 6, 54, 72, 184, 195, 251 Amendment -------------------------------------------------------------- 19 Service of Process ------------------------------------------------------------- 181 Good Faith ------------------------------------------------------------------ 137 Timeliness ------------------------------------------------------------------ 137 CONSTITUTIONAL LAW Civil Rights Due Process Equal Protection -------------------------------------------------------- 195 Medical Treatment of Prisoners ------------------------------------------ 94 Due Process -------------------------------------------------------------------- 90 Police Power -------------------------------------------------------------------- 90 CONTRACTS Acceptance Unconscionable ------------------------------------------------------------ 201 Unjust Enrichment ------------------------------------------------------------ 251 CRIMINAL LAW --------------------------------------------------------------- 208 CRIMINAL PROCEDURE Admissibility of Evidence ---------------------------------------------------- 30 Alibi Defense ------------------------------------------------------------------ 101 Appeals ------------------------------------------------------------------------- 30 Automobile Searches --------------------------------------------------------- 216 Corpus Delecti Rule ---------------------------------------------------------- 101 Credibility of Witnesses ----------------------------------------------------- 101 Diminished Capacity Voluntary Intoxication ---------------------------------------------------- 101 Ineffective
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