Commonwealth Court
ORDERS & DECREES
February 2, 2013
By Quigley, J.
Auve, Petitioner v. Pa. Board of Probation and Parole; 673 M.D. 2012; Petitioner having complied with this court’s order of January 29, 2013, respondent’s preliminary objection alleging improper service is overruled. Upon consideration of respondent’s preliminary objection in the nature of a demurrer, the demurrer is sustained, and the petition for writ of mandamus is dismissed.
Delach, Petitioner v. Com., State System of Higher Education; 826 M.D. 2010; This matter is set for March 6, 2013, at 10:00 am., via telephone conference. 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.
Graco Children’s Products, Inc., Petitioner v. Com.; 783 F.R. 2011; The parties’ second joint status report in this matter, the parties shall file a further joint status report on or before May 8, 2013.
Karlton, Petitioner v. Com.; 138 F.R. 2012; consideration of the parties joint status report in this matter, the parties shall file a further joint status report on or before May 8, 2013.
Smith, Petitioner v. Com.; 578 F.R. 2011; The parties’ second status reports, and it appearing that the parties agree as to the facts of this case, i.e., that taxes were withheld from petitioner and that petitioner filed an IRS Form 4852 seeking to amend his W-2 forms, the parties shall file a stipulation of facts on or before April 1, 2013. To the extent petitioner seeks summary judgment, the request is denied because no facts are currently before the Court that would support such a motion.
Craig, Petitioner v. Unemployment Compensation Board of Review; 1658 C.D. 2012; Petitioner’s amended brief, the court finds that the amended brief lacks: a statement of jurisdiction as required by Pa.R.A.P. 2111 (a)(1); a statement of jurisdiction as required by Pa.R.A.P. 2111 (a)(1).
Walters, Petitioner v. Com. Department of Transportation Bureau of Driver Licensing; 1543 CD. 2012; Now, February 12, 2013, it appearing that appellant’s brief and reproduced record were due February 5, 2013, and that to date the same have not been filed, appellant’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 notice of appeal shall be dismissed as of course.
Eastern Communities Limited Partnership v. Pa. Department of Transportation; 2120 C.D. 2012; Matter on appellee’s motion to quash is scheduled for February 21, 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.
Westmoreland Intermediate Unit #7 v. Westmoreland Intermediate Unit #7 classroom Assistants Educational Support Personnel Association, PSEA-NEA; 1746 C.D. 2008; The Supreme Court’s February 8, 2013 order remanding this matter to the Commonwealth Court for reconsideration of our July 8, 2009 order in light of the Supreme Court’s decision in Philadelphia Housing Authority v. American Federation of State, County, and Municzal Employees, - Pa. -, 52 A.3d 1117 (2012), appellant shall file and serve its brief (15 copies) no later than March 5, 2013.
V.S.; Petitioner v. Department of Public Welfare; 1816 CD. 2012; The joint stipulation for remand, the stipulation is granted and this matter is remanded for further proceedings and the issuance of a new adjudication from which any aggrieved party may appeal.
The Pennsylvania Federation of Dog Clubs, et al.; v. Com.; 421 M.D. 2012; Petitioners’ status report and noting that Hospital & Healthsystem Ass’n of Pa. v. Comm., 20-21 MAP 2010, remain pending in the Supreme Court, the stay of proceedings entered on July 18, 2012 pending the disposition of those cases is continued.
Orion Power Holdings Inc., Petitioner v. Com.; 848 and 849 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 17, 2013.
Altemose, Petitioner v. Com.; 92 F.R. 2012; The parties’ first joint status report in this matter, the parties shall file a further joint status report on or before May 8, 2013.
Jenkintown Window Cleaning Co. Inc. et al., Petitioner v. Com.; 110 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 17, 2013.
McBride v. HSBC Mortgage Corp (USA); 2235 C.D. 2012; Application for transfer to the Superior Court, and it further appearing that this action is a declaratory judgment action involving a mortgage agreement and is not within the jurisdiction of the Commonwealth Court, the application is granted and this appeal is transferred to the Superior Court of Pennsylvania.
Price, Petitioner v. Unemployment Compensation Board of Review; 1870 C.D. 2012; Matter, and it appearing that petitioner has not complied with this Court’s order of January 9, 2013, the petition for review is dismissed.
Armstrong Digital Services, Inc., Petitioner v. Com.; 586 and 587 F.R. 2011; The parties’ third joint status report, the parties shall file a further joint status report in these matters on or before May 8, 2013. In the event these matters have not been resolved by that time, the Court will schedule a status/settlement conference before a judge of this Court.
Kimmel, v. The City of Pittsburgh Zoning Board of Adjustment, et al.; 2228 C.D. 2012; Appellant’s unopposed motion to extend briefing schedule, the motion is granted. It appearing that with this extension, appellant will have had more than 4 months within which to prepare its brief, no further extensions will be granted.
Tenaglia, Petitioner v. Com.; 285 F.R. 2011; The parties’ joint status report, the parties shall file a stipulation for judgment or a stipulation of facts on or before May 8, 2013. In the event either a stipulation for judgment of a stipulation of facts has not been filed by that time, the Court will schedule a status/settlement conference before a judge of this Court.
Madden, Petitioner v. Workers’ Compensation Appeal Board (Gutter Guard); 2218 C.D.2012; Application for leave to appeal in forma pauperis, the application is denied without prejudice to petitioner to file an application with a complete verified statement in accordance with Pa. R.A.P. 561, including the amount of petitioner’s salary or wages per month and the name and address of petitioner’s employer.
City of Easton, Petitioner v. Olick, et al.; 1768 C.D. 2012; Appellant Thomas W. Olick’s "motion to supplement the record", the motion is granted in part. Upon review of the record, it appears that appellant Thomas W. Olick marked as an exhibit at the May 17, 2012 hearing appellee’s May 1, 2007 proof of claim filed with the Bankruptcy Court, but the exhibit is not included in the original record. Accordingly, the Chief Clerk is directed to attached a copy of appellant Thomas W. Olick’s Exhibit D-3b, attached to the "motion to supplement the record,".