Commonwealth Court

ORDERS & DECREES

January 08, 2013

By Pellegrini, J.

Ellis, Petitioner v. Com.; 788 F.R. 2010; The parties, stipulations for judgment shall be filed by March 8, 2013.

North Shore Constructors, Petitioner v. Com.; 105 F.R. 2010; The parties’ joint motion for extension of time, said motion is granted and a stipulation for judgment shall be filed by March 8, 2013.

January 09, 2013

By Krimmel, J.

The Victory Condominium Association, Petitioner v. Pa. Public Utility Commission; 2027 C.D. 2012; Petitioner’s request for extension of time to file briefs and reproduced record, and it appearing that said request is not opposed, said request is granted and petitioner’s brief (15 copies) and reproduced record (5 copies) shall be filed on or before February 21, 2013.

Wemple, Petitioner v. Borough of Downingtown; 1903 C.D. 2012; Appellants’ request for extension of time to file briefs and reproduced record, and it appearing that said request is not opposed, said request is granted and appellants’ brief (15 copies) and reproduced record (5 copies) shall be filed on or before February 27, 2013.

Price, Petitioner v. Unemployment Compensation Board of Review; 1870 C.D. 2012; Petitioner’s brief, appears that petitioner has filed a brief that does not comply with the Pennsylvania Rules of Appellate Procedure because the brief lacks; a copy of the order or other determination in question as required by Pa. R.A.P. 2111(a)(2).

By Pellegrini, J.

Com. v. Citizens Alliance for Better Neighborhoods, Inc.; 186 M.D. 2009; Motion for continuance filed by the Covenant Defendants, in which the parties advise the Court that a settlement of this matter has been reached, the motion is granted and the hearing set for January 10, 2013 at 11:00 a.m. in Courtroom 3002, Pennsylvania Judicial Center, 601 Commonwealth Ave., Harrisburg, PA 17120 is Cancelled. This matter is stayed for a period of twenty (20) days. In the event the matter has not been settled by that time, the Commonwealth’s motion for summary judgment following reconsideration will be determined on the papers filed by the parties without oral argument.

Smolsky, Petitioner v. Dept. of Corrections; 552 M.D. 2012; Petitioner’s Application to Revoke IFP Status with Permission to Pay the Filing Fee, the application is granted. Petitioner’s IFP status is revoked, and petitioner is directed to pay the filing fee of $53.50 within 14 days of entry of this order or this matter will be dismissed. Respondent’s Motion to Revoke IFP is dismissed as moot.

Guzman, Petitioner v. Pa. Board of Probation and Parole; 2056 C.D. 2012; Respondent’s Application for Extension of Time to File the Record, the application is granted. Respondent shall file the record on or before February 6, 2013.

Goodman, Petitioner v. Pa. Board of Probation and Parole; 711 M.D. 2012; Petitioner’s Motion for Extension of Time to Pay This Court’s Filing Fee, the extension is granted. Petitioner shall pay the filing fee in the amount of $53.50 on or before January 25, 2013, or face dismissal as a matter of course.

Hoyt, Petitioner v. Pa. Dept. of Corrections and Pa. Board of Probation and Parole; 606 M.D. 2012; Petitioner’s Motion for Extension of Time to Respond to Respondent’s Preliminary Objects, the extension is granted. Petitioner’s response to respondents’ preliminary objections is due on or before March 8, 2013.

Com. v. Smith; 635 M.D. 2012; Petitioner having failed to comply with this court’s order of December 7, 2012, this matter is dismissed.

Kirk, Petitioner v. Pa. Dept. of Corrections; 592 M.D. 2012; Petitioner’s Petition to Clarify Mandamus Action Before the Court, the petition is denied.

Truong, Petitioner v. Pa. Board of Probation and Parole; 9 C.D. 2013; The petition for review, and it appearing that the Board’s decision was mailed on September 28, 2012, and that the last day to petition for review thereof was October 29, 2012, the petition for review, postmarked on January 2, 2013, is hereby quashed as untimely filed.

Fattah, Petitioner v. PA Dept. of Corrections; 475 M.D. 2012; Respondents are directed to file an answer or otherwise plead within 30 days of entry of this order.

Tindell, Petitioner v. Dept. of Corrections; 551 M.D. 2012; Respondent is directed to file an answer to the amended petition for review or otherwise plead within 30 days of entry of this order. Respondents are directed to respond to petitioner’s Application for Special Relief within 14 days of entry of this order.

Bartlett, Petitioner v. Dept. of Corrections; 2063 C.D. 2012; Petitioner’s petition to proceed in forma pauperis, which petition also seeks waiver of this Court’s filing fee, said petition is granted, this Court’s filing fee is waived, and petitioner shall proceed in conformity with Pa. R.A.P. 2151(b) and 2187(c).

Frazier, Petitioner v. Pa. Board of Probation and Parole; 720 M.D. 2012; Petitioner’s motion for leave to proceed in forma pauperis, which motion also seeks waiver of this Court’s filing fee, the motion is granted. This Court’s filing fee is waived and petitioner shall proceed in conformity with Pa. R.A.P. 2187(c). Upon consideration of petitioner’s Request for Appointment of Counsel, the request is denied. Petitioner is not entitled to appointed counsel in this type of civil action.

Frazier, Petitioner v. Warden of SCI Pittsburgh; 721 M.D. 2012; Petitioner’s motion for leave to proceed in forma pauperis, which motion also seeks waiver of this Court’s filing fee, the motion is granted. This Court’s filing fee is waived, and petitioner shall proceed in conformity with Pa. R.A.P. 2187(c).

Hernandez, Petitioner v. Dept. of Corrections; 658 M.D. 2012; Petitioner’s motion for leave to proceed in forma pauperis, which motion also seeks waiver of this Court’s filing fee, the motion is granted. This Court’s filing fee is waived and petitioner shall proceed in conformity with Pa. R.A.P. 2187(c).

Winters, Petitioner v. Pa. Board of Probation and Parole; 8 C.D. 2013; The petition for review, and it appearing that the Board’s decision was mailed on November 6, 2012, and that the last day to petition for review thereof was December 6, 2012, the petition for review, postmarked on January 4, 2013, is hereby quashed as untimely filed.

Hershey Entertainment & Resorts Co., Petitioner v. Com.; 24 F.R. 2012; Matters are consolidated for the limited purposes of filing status reports and scheduling status/settlement conferences. Upon consideration of the parties’ first joint status reports in these matters, the parties shall file a further joint status report on or before April 3, 2013.

Henkels & McCoy, Inc., Petitioner v. Com.; 64 F.R. 2012; Matters are consolidated for the limited purposes of filing status reports and scheduling status/settlement conferences. Upon consideration of the parties’ first joint status reports in these matters, the parties shall file a further joint status report on or before April 4, 2013.

NTFC Capital Corp., Petitioner v. Com.; 42 F.R. 2012; Matters are consolidated for the limited purposes of filing status reports and scheduling status/settlement conferences. Upon consideration of the parties’ first joint status reports in these matters, the parties shall file a further joint status report on or before April 4, 2013.

UGI Utilities, Inc., Petitioner v. Com.; 724 F.R. 2011; The parties’ second joint status report in this matter, the parties shall file a stipulation for judgment on or before April 3, 2013.

AT&T Communications of PA, LLC, Petitioner v. Com.; 702 F.R. 2011; The parties’ second joint status report in this matter, the parties shall file a further joint status report on or before April 4, 2013.

Albarell Electric, Inc., Petitioner v. Com.; 709 F.R. 2011; The parties’ second joint status report in this matter, the parties shall file a further joint status report on or before February 22, 2013.

FISERV, Petitioner v. Com.; 23 F.R. 2012; The parties’ first joint status report, the parties are directed to file a further joint status report on or before April 3, 2013.

MECO Constructors, Inc., Petitioner v. Com.; 478 F.R. 2011; The parties’ third joint status report, the parties shall file a further joint status report on or before April 4, 2013. In the event this matter has not been resolved by that time, the Court will schedule a status/settlement conference before a judge of this Court.

McDonnell Douglas Corp., Petitioner v. Com.; 278 F.R. 2011; All counsel attending this conference shall have the full and complete authorization of their respective clients to settle these matters. Counsel shall instruct their clients to be available, at the time of the conference, so that counsel may, by telephone, confirm with their respective clients counsel’s settlement authorization, should this become necessary. The parties shall complete all trial depositions or stipulations of fact not later than 120 days after the status/settlement conference.

Siemens Medical Solutions USA, Inc., Petitioner v. Com.; 260 and 261 F.R. 2011; All counsel attending this conference shall have the full and complete authorization of their respective clients to settle this matter. Counsel shall instruct their clients to be available, at the time of the conference, so that counsel may, by telephone, confirm with their respective clients counsel’s settlement authorization, should this become necessary. The parties shall complete all trial depositions or stipulations of fact not later than 120 days after the status/settlement conference. A motion for continuance of the status/settlement conference will not be granted absent extraordinary circumstances.

Brown Brothers Harriman & Co., Petitioner v. Com.; 279 and 280 F.R. 2011; All counsel attending this conference shall have the full and complete authorization of their respective clients to settle these matters. Counsel shall instruct their clients to be available, at the time of the conference, so that counsel may, by telephone, confirm with their respective clients counsel’s settlement authorization, should this become necessary. The parties shall complete all trial depositions or stipulations of fact not later than 120 days after the status/settlement conference. A motion for continuance of the status/settlement conference will not be granted absent extraordinary circumstances.

Penske Truck Leasing Co., L.P., Petitioner v. Com.; 531 F.R. 2011; Matters, the status/settlement conference scheduled for March 11, 2013, at 1:30 p.m., in Conf. Room 5004, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, is cancelled.

Tower Capital, LLC, Petitioner v. Com.; 703-704 F.R. 2011; The parties’ second joint status report in these matters, the parties shall file a further joint status report on or before April 4, 2013.

IMS Health Incorporated, Petitioner v. Com.; 711 F.R. 2011; The parties’ second joint status report in this matter, the parties shall file a further joint status report on or before April 4, 2013.

Fisher Scientific Company, Petitioner v. Com.; 52 and 53 F.R. 2012; Matters are consolidated for the limited purposes of filing status reports and scheduling status/settlement conferences. Upon consideration of the parties’ first joint status reports in these matters, the parties shall file a further joint status report on or before April 4, 2013.

Cohen, Petitioner v. Com.; 29 F.R. 2012; The parties’ first joint status report in this matter, the parties shall file a further joint status report on or before April 4, 2013.

Surace, Petitioner v. Com.; 50 F.R. 2012; The parties’ first joint status report in this matter, the parties shall file a further joint status report on or before April 4, 2013.

Gardner, Petitioner v. Com.; 493 F.R. 2011; The parties’ third status reports, the parties shall file a further joint status report on or before March 11, 2013. In the event this matter has not been resolved by that time, the Court will schedule a status/settlement conference before a judge of this Court.

Sears; et al., Petitioner v. Corbett; 121 M.D. 2011; The parties shall file supplemental briefs by January 29, 2013.

Balliet, Petitioner v. Unemployment Compensation Board of Review; 1695 C.D. 2012; Petitioner’s brief was due December 28, 2012, and that to date the same has not been filed, petitioner’s brief (15 copies) shall be filed and served within 14 days of the exit date of this Order or the above petition for review shall be dismissed as of course.

Balliet, Petitioner v. Unemployment Compensation Board of Review; 1715 C.D. 2012; Petitioner’s brief was due December 28, 2012, and that to date the same has not been filed, petitioner’s brief (15 copies) shall be filed and served within 14 days of the exit date of this Order or the above petition for review shall be dismissed as of course.

Lackawaxen v. Lackawaxen Township Board of Supervisors et al.; 2017 C.D. 2012; Matter to this court without the local ordinance or code relevant to this appeal, Appellant is hereby directed to file a copy of the entire applicable zoning or other relevant ordinance or code with this court and serve a copy thereof on all adverse parties within fourteen (14) days of the date of this order or the above- captioned appeal will be dismissed as of course.

Eichelberger v. Zoning Hearing Board of Jackson Township; 2182 C.D. 2012; Matter to this court without the local ordinance or code relevant to this appeal, Appellant is hereby directed to file a copy of the entire applicable zoning or other relevant ordinance or code with this court and serve a copy thereof on all adverse parties within fourteen (14) days of the date of this order or the above- captioned appeal will be dismissed as of course.

M.N., Petitioner v. Dept. of Public Welfare; 1396 C.D. 2012; Consideration of intervenor, Venango County Children, Youth and Family Services’ application for extension of deadline, the application is granted. It appearing that petitioner served its brief and reproduced record on intervenor on December 13, 2012, no further extensions will be granted.

In Re: Consolidated Return of Real Estate Tax Sale Conducted on November 10, 2011 by the Tax Claim Bureau of the County of Luzerne Under Provisions of the Act of July 7, 1947, P.L. 1368 Section 607 Appeal of: Mid-Atlantic Acquisitions, Inc.; 816 C.D. 2012; Appellee Rosemary Brennan’s petition for extension of time to file brief, the petition is granted. In light of appellant’s opposition, no further extensions will be granted. Appellee Rosemary Brennan’s brief (15 copies) shall be filed by January 24, 2013, or appellee Rosemary Brennan shall be precluded from filing a brief or participating in oral argument, if oral argument is scheduled.

Eckenrode, Petitioner v. Unemployment Compensation Board of Review; 1946 C.D. 2012; Petitioner having filed a brief in this matter that does not comply with the Pennsylvania Rules of Appellate Procedure because the certificate of service lacks service on counsel for intervenor, Schaad Detective Agency, Inc., as required by Pa. R.A.P. 121, 122, petitioner shall serve his brief on intervenor’s counsel, if he has not already done so, and file an amended certificate of service with this Court on or before February 8, 2013, or this case will be dismissed as of course. Respondent’s and intervenor’s brief shall be due, if at all, 30 days after service of petitioner’s brief and the filing of a certificate of service,

Bank of America, National Association v. Deans; 1884 CD 2012; The Appellant has failed to file and serve a docketing statement as required by Section 501 of the Commonwealth Court Internal Operating Procedures, 210 Pa. Code ß 69.501, the Appellant is hereby ordered to file and serve a complete docketing statement with all attachments and a certificate of service in accordance with the instructions on the docketing statement form within 14 days of entry of this order or the above captioned matter will be dismissed as of course.

Thompson v. Miller; 2191 C.D. 2012; Appellant’s application for stay of order pending appeal is set for January 29, 2013 at 10:00 a.m. in Courtroom 3001, Pennsylvania Judicial Center, 601 Commonwealth Ave., Harrisburg, Pa. 17120. Any response to the application for stay shall be filed and served on or before January 23, 2013.

The Board of Commissioners of Bedford County, Petitioner v. Ling; 662 M.D. 2012; The parties are hereby ordered to inform the Court of the current status of this case by letter by January 18, 2013.

Corman, Petitioner v. The National Collegiate Athletic Association; 1 M.D. 2013; Respondents shall file an answer to petitioner’s application for preliminary injunction on or before January 17, 2013.

Shak, Petitioner v. Com.; 149 F.R. 2012; The party’s best estimate of the amount at issue; Whether meetings/settlement discussions have taken place between counsel and whether, at this stage of the proceedings, counsel believes this action will settle or be litigated; Whether there are any related cases pending before this Court, the Board of Finance and Revenue, the Board of Appeals or any other administrative agency (identify by agency, caption and docket number(s)); and Whether there are any cases currently pending in this Court or any other state or federal court that may affect the outcome of this action (identify by caption and docket number(s)).