Commonwealth Court
ORDERS & DECREES
January 23, 2013
By Friedman, J.
Murdocksville Telephone Company, Petitioner v. Com.; 343 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.
Peffer, Petitioner v. Com.; 749 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 19, 2013.
PA Natural Chicks, Inc., Petitioner v. Com.; 77 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 19, 2013.
PNC Bank, N.A., Petitioner v. Com.; 71 F.R. 2012; The parties’ first joint status report in this matter, the parties shall file a further joint status report not later than 45 days following the Pennsylvania Supreme Court’s disposition of Lebanon Valley Farmers Bank v. Commonwealth, No. 78 MAP 2011, or July 24, 2013, whichever is earlier.
Tillman, Petitioner v. Pa. Board of Probation and Parole, et al.; 575 M.D. 2011; Petitioner’s November 7, 2012 "Reply Brief in Opposition of the Department of Corrections’ Preliminary Objections" and petitioner’s November 28, 2012 "Brief in Support of Petitioner’s Amended Petition for Writ of Mandamus", the November 7, 2012 reply brief and the November 28, 2012 brief are stricken as unauthorized.
Sewer Authority of the City of Scranton, Petitioner v. Pa. Infrastructure Investment Authority of the Com.; 694 M.D. 2012; Respondents’ preliminary objections and application for relief and petitioner’s motion for judgment on the pleadings as to Counts I, II and III of the petition for review, which we shall treat as an application for partial summary relief pursuant to Pa. R.A.P. 1532(b), it is hereby Ordered as follows. Petitioner’s brief in support of partial summary relief (15 copies) shall be filed and served on or before February 25, 2013. Respondents’ brief in support of preliminary objections and in opposition to partial summary relief (15 copies) shall be filed and served on or before March 25, 2013.
Catron, Petitioner v. Unemployment Compensation Board of Review; 2075 C.D. 2012; Respondent’s application for remand, the application is granted and this matter is remanded for further proceedings and the issuance of a new adjudication from which any aggrieved party may appeal.
Belle Aire Condominium Association v. Konefsky; 1958 C.D. 2012; Appellant’s concise statement of errors complained of on appeal pursuant to Pennsylvania Appellate Rule of Procedure 1925(b)" and the memorandum opinion of Judge Carolyn Tornetta Carluccio of the Court of Common Pleas of Montgomery County, we agree with Judge Carluccio that appellant’s concise statement of matters complained of on appeal violates the tenets of Pa. R.A.P. 1925(b)(4)(i) and (ii). Because appellant has failed to comply with Pa. R.A.P. 1925(b) and has thereby precluded this Court from carrying out any meaningful review of his claims, the trial court correctly concluded that appellant’s action should be dismissed.
McGhee, Petitioner v. Unemployment Compensation Board of Review; 2007 C.D. 2012; Petitioner’s brief, it appears that petitioner has filed a brief that does not comply with the Pennsylvania Rules of Appellate Procedure because the brief lacks. Petitioner’s brief is not accepted. Petitioner shall file and serve an amended brief (15 copies) that conforms to the requirements of Chapter 21 of the Pennsylvania Rules of Appellate Procedure on or before February 7, 2013, or this case will be dismissed as of course. Respondent’s brief shall be due, if at all, 30 days after service of petitioner’s amended brief.
Wright, Petitioner v. Unemployment Compensation Board of Review; 2292 C.D. 2012; Respondent’s application to stay certification of the record pending resolution of respondent’s application to compel service of the petition for review, the application for stay is granted. The record shall be certified if at all after disposition of respondent’s application to compel service.
Alvares, Petitioner v. Unemployment Compensation Board of Review; 2294 C.D. 2012; Respondent’s application to stay certification of the record pending resolution of respondent’s application to compel service of the petition for review, the application for stay is granted. The record shall be certified if at all after disposition of respondent’s application to compel service.
Zurynski, Petitioner v. Unemployment Compensation Board of Review; 50 C.D. 2013; It appearing that the Unemployment Compensation Board of Review issued its determination in this matter on December 14, 2012, that the last day to petition for review thereof was January 14, 2013, and that the Court received petitioner’s petition for review on January 15, 2013, more than 30 days after the determination sought to be reviewed was entered, the petition for review is quashed as untimely.
Santiago, Petitioner v. Unemployment Compensation Board of Review; 1910 C.D. 2012; Petitioner’s brief was due January 14, 2013, 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.
Omerovic, Petitioner v. Unemployment Compensation Board of Review; 2345 C.D. 2012; Respondent’s application to stay certification of the record pending resolution of respondent’s application to compel service of the petition for review, the application for stay is granted. The record shall be certified if at all after disposition of respondent’s application to compel service.
Sawink, Inc., Petitioner v. Pa. Public Utility Commission; 2005 CD 2012; Petitioner 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 Petitioner 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.
Dove, Petitioner v. Unemployment Compensation Board of Review; 1811 C.D. 2012; Respondent’s application for remission, with which Petitioner agrees, the application is granted. This matter is remitted to the Unemployment Compensation Board of Review for further consideration and issuance of an adjudication from which any aggrieved person may appeal. Respondent’s application to stay briefing schedule is dismissed as moot.
Williams, Petitioner v. Unemployment Compensation Board of Review; 1799 C.D. 2012; Petitioner’s application for extension to file brief, it appearing that petitioner’s brief was initially due December 19, 2012, that no brief was filed by that date; that the Court directed that a brief be filed by January 11, 2013, or the appeal will be dismissed, that no brief was filed by that date; and that petitioner filed this application on January 22, 2013. Therefore, because no brief or application for extension was filed on or before January 11, 2013, this appeal is dismissed.
Elliott, Petitioner v. Unemployment Compensation Board of Review; 823 C.D. 2012; Respondent’s "application for summary relief’, to which no answer has been filed, and it appearing that the only identifiable issues raised in the petitions for review are: (1) whether petitioner is entitled to a waiver of the non-fraud overpayment of Emergency Unemployment Compensation benefits; and (2) whether petitioner is entitled to an adjustment of non-fault overpayment in accordance with Unemployment Comp. Bd. of Review v. Fabric, 354 A.2d 905 (Pa. Cmwlth. 1976), which are separate proceedings before the unemployment compensation authorities and from which petitioner may appeal if aggrieved thereby, the application for summary relief is granted and the orders of the Unemployment Compensation Board of Review are affirmed.
The Appeal of Cook v. City of Pa. Risk Management Dept.; 1961 C.D. 2012; Appellant’s second motion for extension of time to file brief, the motion is granted. It appearing that with this extension, appellant will have had more than 90 days within which to prepare a brief, no additional extensions will be granted. Appellant’s brief (15 copies) shall be filed by February 22, 2013, or the Chief Clerk shall dismiss this appeal as of course.
Kanofsky v. City of Pa. Tax Review Board; 1398 C.D. 2012; Appellee’s second motion for extension of time to file brief, the motion is granted. It appearing that with this extension, appellee will have had more than 90 days within which to prepare her brief, no additional extensions will be granted. Appellee’s brief (15 copies) shall be filed by February 15, 2013, or be precluded from filing a brief or participating in oral argument if oral argument is scheduled.
Com. v. Kemmerer; 2144 C.D. 2012; It appearing that to date this court’s transfer filing fee has not been paid, appellants are directed to pay the transfer filing fee in the amount of $50.00 within fourteen days of entry of this order, or the above-captioned matters shall be dismissed as of course.
Halblieb Automotive et al. v. Coles; 2214 C.D. 2012; Appellant has named the Department of Transportation, Bureau of Driver Licensing, as an appellee in this matter although the Department of Transportation was not a party to the proceedings below. The Chief Clerk shall strike the Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, from the caption of this case. Accordingly, this Court lacks jurisdiction over appellant’s appeal because the matter involves a contract dispute between private parties.
Corman v. The National Collegiate Athletic Association; 1 M.D. 2013; The parties’ joint stipulated briefing schedule in this matter, it is hereby Ordered as follows. Defendants shall file and serve preliminary objections to the complaint with a supporting brief (15 copies) on or before February 8, 2013. Plaintiff shall either amend his complaint or file an answer to the preliminary objections with supporting brief (15 copies) on or before March 11, 2013. In the event plaintiff amends his complaint in response to the preliminary objections, a further scheduling order will issue.
PMSLIC Insurance Company et al., Petitioner v. The Pa. Insurance Dept. et al.; 656 M.D. 2012; Petitioner’s motion for extension of time to file brief in opposition to preliminary objections, the motion is granted. Petitioner’s brief (3 copies) shall be filed and served on or before February 7, 2013. Argument on respondent’s preliminary objections, previously set for February 5, 2013 at 10:00 a.m. is Continued until February 8, 2013 at 10:00 a.m., by telephone conference. The conference call shall originate from the chambers of a judge designated by the Commonwealth Court, and shall be made to the offices of counsel of record.