ORDERS & DECREES
January 17, 2013
By Friedman, J.
Moyer v. Gudknecht; 587 C.D. 2012; The Application of Milford Township for Continuance and Response of Appellants, Ralph S. Moyer and Alfred 0. Werner, to Application of Milford Township for Continuance, it is hereby ordered that the motion is Granted. The Chief Clerk is directed to list the matter for the March 2013 argument session in Harrisburg.
Taylor v. Emerson Climate Technologies et al.; 2240 C.D. 2011; The partiesí status report, it is hereby Ordered that the parties shall file a further joint status report with this Court by February 22, 2013, detailing any reasons for further delay, if the case has not been discontinued by that date.
By Krimmel, J.
Principle Diversified Business Group, Petitioner v. Unemployment Compensation Board of Review; 1364 C.D. 2012; Respondentís request for extension of time to file briefs, and it appearing that said request is not opposed, said request is granted and respondentís brief (15 copies) shall be filed on or before February 21, 2013.
Davis, Petitioner v. Unemployment Compensation Board of Review; 1569 C.D. 2012; Respondentís request for extension of time to file briefs, and it appearing that said request is not opposed, said request is granted and respondentís brief (15 copies) shall be filed on or before February 22, 2013
Steven J., Inc. v. Salisbury Township Zoning Hearing Board; 2160 C.D. 2012; Appellantís request for extension of time to file briefs, and it appearing that said request is not opposed, said request is granted and appellantís brief (15 copies) shall be filed on or before February 21, 2013.
By Pellegrini, J.
Mountainview Thoroughbred Racing Association,, Petitioner v. Com.; 409, 527-528 F.R. 2010; Respondent shall inform the Court by February 4, 2013, why the agreement between the parties has not been memorialized in a stipulation for judgment.
By Quigley, J.
SVC Manufacturing, Inc., Petitioner v. Com.; 650 F.R. 2010; Petitioner having filed a stipulation for judgment as required by this Courtís order dated November 20, 2012, this Courtís order dated January 14, 2013 is vacated as improvidently entered.
Com. Dept. of Environmental Protection, Petitioner v. C & B Properties; 25 M.D. 2013; Petitionerís petition for enforcement of administrative order, hearing thereon is fixed for February 20, 2013, at 10:00 a.m., in Courtroom 3001, Third Floor, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, Pennsylvania. Respondentís answer to the petition shall be filed and served on or before February 15, 2013. Petitioner shall promptly serve respondent(s) with a copy of this Order and shall thereafter promptly file of record a proof of service of same.
Com. Dept. of Environmental Protection, Petitioner v. Apostolis, et al.; 232 MD 2009; The Commonwealth of Pennsylvania, Department of Environmental Protections Praecipe to Withdraw, Discontinue and End the above-captioned matter, it is hereby Ordered that the docket is Closed and the matter marked Discontinued.
Com. v. Lee; 2351 C.D. 2012; Appellant filed a notice of appeal from two convictions of summary offenses in the Court of Common Pleas of Allegheny County, which require separate notices of appeal, the Chief Clerk is directed to docket the appeal at CL/SA #1358 of 2012 to this docket number and to assign a new docket number to the appeal at CL/SA 1633 of 2012.
Chen, Petitioner v. Unemployment Compensation Board of Review; 1891 C.D. 2012; Respondentís application to stay briefing schedule pending resolution of the application to compel service of petitionerís brief, the application to stay is granted.
City of Pa. v. Manu; 84 C.D. 2012; Appelleeís brief, and it appearing that appellee has filed a brief that does not comply with the Pennsylvania Rules of Appellate Procedure because the brief. lacks sufficient copies. You must file 15 copies. Pa. R.A.P. 2187(a); is not bound along the left side with staples, if any, covered. Pa. R.A.P. 2 171(a); Pa. R.A.P. 124; and lacks a complete certificate of service as required by Pa. R.A.P. 121, 122. Appelleeís brief is not accepted.
Eastern Communities Limited Partnership v. Pa. Dept. of Transportation; 2120 C.D. 2012; Appellantís Motion to Stay Current Briefing Schedule, the motion is granted and the briefing schedule is stayed pending further order of this Court. The Court of Common Pleas of the 17th Judicial District (Snyder County Branch) shall certify the transcript of the September 14, 2012 hearing within thirty (30) days of the date of this Order. Appellantís brief (15 copies) and Reproduced Record (5 copies) shall be filed and served not later than 30 days following certification of a supplemental record containing the transcript of the September 14, 2012 hearing.
Rohrich Cadillac, Inc., Petitioner v. Bureau of Professional and Occupational Affairs et al.; 4 C.D. 2013; Petitionerís motion for supersedeas is scheduled for January 29, 2013, at 2:00 p.m. The argument shall be conducted by telephone call to the offices of counsel of record, and shall originate from the chambers of a designated judge of the Commonwealth Court sitting in Harrisburg.
Washington, Petitioner v. Unemployment Compensation Board of Review; 2118 C.D. 2012; Application for summary relief pursuant to Pa. R.A.P. 1532(b). An answer to an application must be filed within 14 days of service of the application. Pa. R.A.P. 123(b). The present application was served on December 28, 2012, and no answer has been filed. A single judge of the Commonwealth Court may grant or deny an application for summary relief. On September 27, 2012, the Board advised petitioner that the appeal appeared to be untimely, and that petitioner must file a request in writing for a hearing regarding the timeliness of the appeal in order to pursue the matter. Petitioner did not request a hearing as instructed and the Board dismissed the appeal as untimely by decision dated November 1, 2012.
Golphin, Petitioner v. Workersí Compensation Appeal Board; 1881 C.D. 2012; Petitionerís status report, it is hereby Ordered that Petitioner shall file a further status report by February 19, 2013, if a discontinuance has not been filed by that date.
Mento, Petitioner v. Public School Employeesí Retirement System; 2025 C.D. 2012; Petitionerís brief and reproduced record were due January 7, 2013, and that to date the same have not been filed, petitionerís brief (15 copies) and reproduced record (5 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.
Apostolico v. Com. Dept. of Revenue; 2263 C.D. 2012; The parties are hereby directed to address the timeliness of the appeal in their principal briefs on the merits.
Kenrich Athletic Club v. Pa. Liquor Control Board; 889 C.D. 2012; Appellantís brief, and it appearing that appellant has failed to append to their brief the opinion of the trial court as required by Pa. R.A.P. 2111(b), the brief is not accepted. Appellant shall file amended briefs (15 copies) on or before February 1, 2013, or the above matter will be dismissed as of course. Appelleeís briefing schedule is not affected by this order.
Guerrero, Petitioner v. Dept. of Agriculture, et al.; 1378 C.D. 2012; Petitionerís "application ... for reconsideration, and respondentís and intervenorís answer thereto, reargument or reargument en banc, the application is denied.
Com. v. Waldron Electric Company, Inc.; 505 M.D. 2001; After trial held June 25-28, 2012, review of depositions and consideration of the partiesí briefs and arguments, and taking into consideration respondentsí stipulation of violations of the Unfair Trade Practices and Consumer Protection Law,í petitionerís position on the distribution of funds produced by this litigation, as well as the usual issues of credibility and evidentiary weight, It is hereby ordered that a verdict in favor of petitioner and against respondents is entered in the amount of $41,500.00, intended to address all appropriate and proven items of compensation and costs, with discretion of the Office of Attorney General as to distribution of the same.
Smolsky, Petitioner v. Dept. of Corrections; 552 M.D. 2012; Respondents are directed to file an answer or otherwise plead within 30 days of entry of this order.