Commonwealth Court

ORDERS & DECREES

January 03, 2012

By Krimmel, J.

Wagner, Petitioner v. Workers’ Compensation Appeal Board; 1527 C.D. 2011; Respondent did not comply with this Court’s order of December 5, 2011, respondent is precluded from filing a brief in this matter. The above petition for review shall be submitted on the briefs of petitioner and intervenor only, without oral argument, unless otherwise ordered.

Donahue’s III - St. Leo’s Manor, Petitioner v. Dept. of Public Welfare; 2004 C.D. 2011; Petitioner’s motion to stay proceedings. Any answer to the motion to stay proceedings shall be filed and served on or before January 17, 2012.

Lundy, Petitioner v. Unemployment Compensation Board of Review; 1784 C.D. 2011; Petitioner’s brief was due December 27, 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.

Moravian Village of Bethlehem, Petitioner v. Unemployment Compensation Board of Review; 1800 C.D. 2011; Petitioner’s brief and reproduced record were due December 27, 2011, and that to date the same have not been filed, petitioner’s 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.

Forster, Petitioner v. Unemployment Compensation Board of Review; 1847 C.D. 2011; Petitioner’s brief was due December 27, 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.

Storey, Petitioner v. Unemployment Compensation Board of Review; 1848 C.D. 2011; Petitioner’s brief was due December 27, 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.

Griesing, Petitioner v. Unemployment Compensation Board of Review; 2053 C.D. 2011; Petitioner filed her pro se communication with this Court on September 30, 2011. Because petitioner’s pro se communication was not filed within thirty days of the Board’s August 12, 2011 order as required by Pa. R.A.P. 1512(a)(1), this case is dismissed as untimely filed.

Geatti, Petitioner v. Unemployment Compensation Board of Review; 2375 C.D. 2011; Petitioner had thirty days from the date of that order or until December 21, 2011 to file his petition for review. Pa. R.A.P. 1512(a). Because petitioner’s appeal document was not filed with this Court until December 22, 2011, this case must be dismissed as untimely filed.

Vivas, Petitioner v. Unemployment Compensation Board of Review; 1609 C.D. 2011; Petitioner having filed a brief in this matter that does not comply with the Pennsylvania Rules of Appellate Procedure because the brief lacks a certificate of service as required by Pa. R.A.P. 121, 122, petitioner shall serve her brief, if she has not already done so, and file a certificate of service with this Court on or before January 17, 2012, or this case will be dismissed as of course.

Friendly’s Ice Cream, Petitioner v. Workers’ Compensation Appeal Board; 1361 C.D. 2011; Petitioner’s "petition for oral argument", the petition is denied.

Miller et al. v. CSX Corp., Consolidated Rail Corp., CSX Intermodel Inc., CSX Lines LLC, CSX Trans Inc., CSX World Terminals, National Railroad Passenger Corp, Norfolk Southern Rail Corp, SEPTA, Southeastern Pa. Transportation Authority Appeal of: Southeastern Pa. Transportation Authority ("SEPTA"); 2097 C.D. 2011; Appellant seeks review of the December 3, 2009 interlocutory order of the Court of Common Pleas of Philadelphia County (trial court) denying its motion for partial summary judgment and that the trial court subsequently granted summary judgment in favor of appellant on April 21, 2011. Thus, appellant is no longer aggrieved by the court’s December 3, 2009 order. However, David Miller and 126 Hotel Corporation have appealed the trial court’s April 21, 2011 order at Commonwealth Court No. 1876 C.D. 2011. Accordingly, the appeal at 2097 C.D. 2011 is dismissed without prejudice to appellant to present alternative theories for affirming the order below in its appellate brief at 1876 C.D. 2011.

Everett, Petitioner v. Unemployment Compensation Board of Review; 1398 C.D. 2011; Petitioner shall file his appellate brief (15 copies), either pro se or through new counsel, no later than February 6, 2012, or the petition for review will be dismissed as of course. Attorney Gromen shall serve a copy of this order on petitioner no later than January 10, 2012 and file proof of service with the Court by January 17, 2012.

Executive Transportation Company, Inc., et al., Petitioner v. Pa. Parking Authority; 594 M.D. 2011; Petitioners’ application to list amended application for special relief in the nature of motion for preliminary injunction for argument is granted. Hearing on petitioner’s amended application for special relief in

the nature of motion for preliminary injunction and respondent’s answer is scheduled for January 12, 2012, at 10:00 a.m., in Courtroom 3001, Third Floor, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, Pennsylvania. The hearing shall be limited to the issue referred to by petitioner as the "Hospitality Initiative."

By Pellegrini, J.

Dick’s Sporting Goods, Inc., Petitioner v. Com.; 188-192 F.R. 2010; The parties’ joint motion to continue status/settlement conference is granted. The status/settlement conference scheduled for January 9, 2012, at 3:00 p.m., is cancelled and rescheduled to April 30, 2012, at 1:30 p.m., in Conference Room 3006, Third Floor, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, PA.

Wieczorek, Petitioner v. Com.; 122 F.R. 2010; Petitioner’s motion to reschedule status conference is granted. The status/settlement conference scheduled for January 9, 2012, at 3:00 p.m., is cancelled and rescheduled to April 30, 2012, at 1:30 p.m., in Conference Room 3006, Third Floor, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Harrisburg, PA