Commonwealth Court

ORDERS & DECREES

December 20, 2011

By Brobson, J.

Thatcher, Petitioners v. Physicians’ Insurance Program Reciprocal Exchange et al.; 475 M.D 2011; The petition to intervene filed on behalf of Erie Insurance Exchange shall be conducted January 17, 2012, at 1:30 p.m., in Courtroom 3001, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, Pa., 17106. Petitioner’s and respondents’ answer to the petition to intervene, if any, shall be filed and serve no later than January 11, 2012.

Community Hospital Alternative for Risk Transfer, Petitioner v. Ario; 617 M.D. 2008; Matter is scheduled for January 24, 2012, at 10:00 a.m., by telephone conference call to the offices of counsel of record. The conference call shall originate from the chambers of a judge designated by the Commonwealth Court of Pennsylvania. The parties shall be prepared to discuss completion of discovery, stipulation of facts, resolution by dispositive motions and scheduling of trial.

Yellow Book Sales & Distribution Co., Petitioner v. Com.; 114 F.R. 2010; The status conference scheduled for January 9, 2012 at 2:30 p.m., in Conference Room 3006, Pennsylvania Judicial Center, Harrisburg, is Cancelled. The Chief Clerk shall mark the docket in these matters as closed.

IDGAF Inc., Petitioner v. Com.; 643 F.R. 2008; Petitioner’s status report and request for further continuance, to which respondent does not object, this matter is stayed pending a determination by the Pennsylvania Supreme Court of the appeal in All Staffing, Inc. v. Commonwealth, No. 76 MAP 2010. The parties shall file a further joint status report not later than 30 days following the Supreme Court’s final order in All Staffing, or September 14, 2012, in the event the appeal remains pending at that time.

Rothschild, Petitioner v. Com.; 801 F.R. 2009; Petitioner having failed to file a detailed status report as required by our order dated September 7, 2011, petitioner shall file a detailed status reports advising this Court of the material issues of fact that remain outstanding on or before January 3, 2012 or the petition for review in this matter shall be dismissed. Petitioner is reminded that all documents filed with this Court must be served on all opposing parties as shown on a certificate of service.

Veasey, Petitioner v. Dept. of Public Welfare; 1705 C.D. 2011; Petitioner continues to seek in forma pauperis status, and it appearing that petitioner’s income from Veterans’ Affairs exceeds the applicable standards, permission to proceed in forma pauperis is denied. Permission to be excused from filing the reproduced record is granted.

George, Petitioner v. Unemployment Compensation Board of Review; 2201 C.D. 2011; Petitioner’s petition for reconsideration, it appearing that petitioner timely filed a proper petition for review, the Chief Clerk’s letter of December 9, 2011 docketed at 1308 XX 2011 was issued in error and is rescinded. The Unemployment Compensation Board of Review shall certify the record in this matter on or before February 3, 2012.

Sarga, Petitioner v. Unemployment Compensation Board of Review; 1837 C.D. 2011; Petition for review therefrom was September 12, 2011. The Court received petitioner’s pro se communication attempting to appeal on August 18, 2011, which would have been timely had petitioner filed a petition for review within the 30-day extension granted by the Chief Clerk’s August 18, 2011 letter. However, the petition for review was not received until September 29, 2011, which was after the 30-day extension expired. Accordingly, the petition for review is quashed as untimely filed.

Johnson, Petitioner v. Pennsylvania Board of Probation and Parole; 2222 C.D. 2011; Respondent’s application for stay, the application is granted. Respondent’s obligation to certify the record is stayed pending service of the petition for review. The Public Defender of Luzerne County is directed to serve a copy of the petition for review and file proof of service of the same on or before January 17, 2012.

Brickley, Petitioner v. Pennsylvania Board of Probation and Parole; 511 M.D. 2011; Respondent’s preliminary objection alleging lack of service, and it appearing that service of the petition for review has not been made on respondent as required by Pa. R.A.P. 1514(c), petitioner shall serve his petition for review on respondent and the Attorney General in person or by certified mail as required by Pa. R.A.P. 1514(c) and file with this court a certificate of service of same within 14 days of the entry of this Order or respondent’s preliminary objection pertaining to service will be sustained and the petition for review will be dismissed as of course.

Evans, Petitioner v. Pennsylvania Board of Probation and Parole; 519 M.D. 2011; Respondent’s preliminary objections alleging improper service and lack of verification, and it appearing that service of the petition for review has not been verified or served on respondent as required by Pa. R.A.P. 1514(c), petitioner shall file an amended petition that shall be verified and served on respondent and the Attorney General in person or by certified mail as required by Pa. R.A.P. 1514(c) and file with this court a certificate of service of same within 14 days of the entry of this Order or respondent’s preliminary objections will be sustained and the petition for review will be dismissed as a matter of course.

Pridgen, Petitioner v. Wright et al.; 578 M.D. 2011; Petitioner’s motion for leave to proceed in forma pauperis, the motion is granted. This Court’s filing fee is waived, and petitioner shall proceed in conformity with Pa. R.A.P. 2187(c).

Melton, Petitioner v. WÎtzel; 472 M.D. 2011; Respondents are 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.

Patton, Petitioner v. Canino et al.; 572 M.D. 2011; Petition for review addressed to this Court’s original jurisdiction. Upon consideration of 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).

Burnett, Petitioner v. Anders; 550 M.D. 2011; Petition for review addressed to this Court’s original jurisdiction. Upon consideration of 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).

Reed v. Pray et al.; 2043 C.D. 2011; Appellant is directed to pay the filing fee in the amount of $50.00 within fourteen days of entry of this order, or the above captioned matter shall be dismissed as of Course.

Vurimindi v. LandAmerica Financial Group, Inc. et al.; 2082 C.D. 2011; Appellant is directed to pay the filing fee in the amount of $50.00 within fourteen days of entry of this order, or the above captioned matter shall be dismissed as of course.

Brightbill, Petitioner v. Dept. of Public Welfare; 1588 C.D. 2011; Petitioner’s "motion to supplement the record" and review of the certified record, and it appearing that the documents with which petitioner seeks to supplement the record were not before the Department of Public Welfare in its consideration of petitioner’s application for benefits, the motion is denied. Petitioner shall file and serve her appellate brief (15 copies) within 30 days of the exit day of this order. Respondent shall file and serve its brief within30 days of service of petitioner’s brief.

Hott v. Com. et al.; 1446 C.D. 2011; Appellant’s petition to correct/modify the record by order of December 15, 2011, and it further appearing that appellant filed his primary brief in this matter on November 2, 2011, the stay of the briefing schedule is hereby lifted and appellee shall file and serve its appellate brief (15 copies) within 30 days of the exit date of this order.

Palmieri, Petitioner v. Unemployment Compensation Board of Review; 2106 C.D. 2011; Respondent’s application for relief in the form of a motion for consolidation of cases, the application is granted and the appeals listed above are consolidated. The Unemployment Compensation Board of Review shall certify the original record to this court by January 9, 2012.

Lisi, Petitioner v. Unemployment Compensation Board of Review; 1394 C.D. 2011; Petitioner’s brief was due December 13, 2011. 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.

Zoegar, Petitioner v. Unemployment Compensation Board of Review; 1692 C.D. 2011; Petition for review thereof was June 8, 2011, and that petitioner’s pro se communication attempting to appeal was received September 2, 2011, more than 30 days after the determination sought to be reviewed was entered, the petition for review is quashed as untimely.

Cobb v. Com. et al.; 2591 C.D. 2010; The parties, the motion is granted in part. The above appeal is remanded to the Court of Common Pleas of Monroe County, for such action as the Court deems necessary, including issuance of a new order from which any aggrieved party may appeal.

Williams, Petitioner v. Pennsylvania Dept. of Correction; 324 M.D. 2011; Petitioner’s Petition for Permission to File Fewer Briefs, the petition is granted. Petitioner shall file an original and four copies (5 copies) of his brief and serve one copy on counsel for respondent on or before January 3, 2012.

Guizale, Petitioner v. Com. et al.; 827 M.D. 2010; Petitioner’s Motion for Extension of Time, which seeks a 90-day extension of time to respond to this court’s rule to show cause why this matter should not be dismissed for lack of prosecution, the extension is denied.

Febre, Petitioner v. Leidig; 2088 C.D. 2011; Petitioner having failed to comply with the defect correction notice dated November 29, 2011, this matter is dismissed.

Spuck, Petitioner v. Pennsylvania Board of Probation and Parole; 382 M.D. 2011; Petitioner’s Motion for Reconsideration, reconsideration is denied.

Jones, Petitioner v. Wenerowicz et al.; 554 M.D. 2011; Petition for Writ of Habeas Corpus, transferred from Montgomery County, shall be treated as a petition for review addressed to this Court’s original jurisdiction. Upon consideration of 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).

By Krimmel, J.

Galilei, Petitioner v. Unemployment Compensation Board of Review; 1732 C.D. 2011; Petitioner’s request for extension of time to file briefs, and it appearing that said request is not opposed, said request is granted and petitioner’s brief (15 copies) shall be filed on or before January 26, 2012.

Albertson, Petitioner v. Workers Compensation Appeal Board; 1708 C.D. 2011; Respondent’s request for extension of time to file briefs, and it appearing that said request is not opposed, said request is granted and respondent’s brief (15 copies) shall be filed on or before February 2, 2012.

American Zurich Insurance Company, Petitioner v. Workers’ Compensation Appeal Board; 2128 C.D. 2011; 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 2, 2012.

Pennsylvania State Police, Bureau of Liquor Control Enforcement v. S&B Restaurant, Inc.; 1357 C.D. 2011; Appellant’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 appellant’s brief (15 copies) and reproduced record (5 copies) shall be filed on or before February 2, 2012.

Grevious v. Pa. Department of Public Welfare; 7 M.D. 2007; Application for reconsideration of the order dated November 2, 2011," the application is dismissed as untimely.

By Leadbetter, J.

Pennsylvania State Police, Petitioner v. Zioczower; 2082 C.D. 2010; Motion to report the opinion in this matter filed by counsel for the Office of Open Records and petitioner’s answer in opposition thereto, the motion is denied.

Petitioner’s request to stay disposition of the motion to report is dismissed as moot.

By Leavitt, J.

Armenti, Petitioner v. Com.; 771 F.R. 2011; The Commonwealth of Pennsylvania, Board of Finance and Revenue, issued its order in this matter on August 26, 2011, that the last day to petition for review there from was September 26, 2011, and that petitioner’s pro se communication attempting to appeal was received October 24, 2011, more than 30 days after the determination sought to be reviewed was entered, the petition for review is quashed as untimely.

Steinmeyer, Petitioner v. Com.; 617 F.R. 2010; The parties’ second status reports, and it appearing that the parties agree, as stated in petitioner’s status report, that "there are assessments for tax years 2005, 2006 and 2007 and that there are penalties and interests that accompany these [allegedly] fallacious assessments," the parties shall file a stipulation of facts on or before February 17, 2012. Following the filing of the stipulation of facts, the Court shall establish a briefing schedule on the "issues of law" to be raised by petitioner.

Johnson, Petitioner v. Pennsylvania Board of Probation and Parole; 2220 C.D. 2010; Respondent’s Motion to Dismiss for Want of Jurisdiction in the Unified Judicial System, and it now appearing that petitioner filed the present petition for review on November 21, 2011, prior to respondent’s denial of administrative relief, the motion is granted, and the petition for review is dismissed, without prejudice to petitioner to file a timely petition for review of respondent’s November 30, 2011 ad