Superior Court

OPINIONS FILED & JUDGMENT ORDERS

January 9, 2013

PER CURIAM

Com. v. Johnson; 1182 EDA 2011; Affirmed - Petition to Withdraw as Counsel Granted; Comments: Appeal at 1184 EDA 2011 Quashed; Associated: 1183 EDA 2011; Comments: Appeal 1184 EDA 2011 Quashed; 1184 EDA 2011.

Com. v. Agron; 2831 EDA 2011; Affirmed.

In the Interest of: C.F.; 3311 EDA 2011; Affirmed.

Com. v. Prout; 1343 EDA 2012; Affirmed.

In the interest of: C.J.S. Appeal of: A.J.A.; 1976 EDA 2012; Quashed.

ORDERS & DECREES

 

PER CURIAM

Com. v. Robinson; 1421 EDA 2012; It Is Hereby Ordered: That the application filed November 21, 2012, requesting full board panel en banc reargument of the decision dated November 7, 2012, is Denied.

In The Interest of: C.B., A Juvenile Appeal of: C.B.; 2776 FDA 2012; AND NOW, this 17th day of January, 2013, counsel having failed to file a Brief for Appellant, Appeal No. 2776 EDA 2012 is Dismissed. If counsel is court-appointed *, the trial court is directed to withhold counsel fees pertaining to this appeal.

Counsel for appellant is directed to file with this court, within 10 days, a certification that the client has been notified of this dismissal, Failure to comply may result in referral to the Disciplinary Board.

Com. v. Rhodes; 1846 EDA 2012; The within appeal is Dismissed for failure to file a brief.

Com. v. Rolling; 1557 EDA 2008; The within appeal is Dismissed for failure to file a brief.

Pullen v. Pullen; 1757 EDA 2012; In light of the fact that notes of testimony from the June 7, 2012 hearing were not included in the certified record, Appellant, Dale T, Pullen, is hereby directed to have certified and transmitted a supplemental record, containing said notes of testimony, to the Superior Court within thirty (30) days of the date that this Order is filed.

L & W Supply Corporation, etc. v. Atul K. Amin, et al.; 3082, 3083 EDA 2012; These appeals have been taken from October 10, 2012 order granting summary judgment. where multiple defendants in a single action were removed from case in piecemeal fashion by separate preliminary objections, each separate judgment becomes appealable when suit is resolved against final defendant and may be commenced as to all defendants by a single notice of appeal taken from the order resolving claim against final defendant.

Reusing v. John Mattera, a/k/a John Mattero; 3492 EDA 2012; This appeal taken from the November 14, 2012 order may not be final and appealable. The appellant is directed to show cause as to why this appeal should not be quashed. This response is to be filed with this court within ten days with service upon all interested counsel. Failure to respond to this order within the time specified and as directed may result in quash of this appeal without further notice.

Com. v. Seeley; 2652 EDA 2012; The above-captioned appeal is dismissed for the failure of the appellant to comply with Pa,R.A.P, 3517.

Com. v. Campbell; 3170 EDA 2012; The Appellant is directed to show cause, within fourteen days of the date that this Order is filed, why this appeal should not be quashed as untimely filed on November 14, 2012 from the judgment of sentence imposed on September 27, 2012. According to the Monroe County Court of Common Pleas docket, the post-sentence motion was denied on October 9, 2012.

Abein v. Mary 3.6. Eidelman, Esquire et al.; 3368 FDA 2012; This appeal taken from the November 6, 2012 order granting the Co Defendant’s motion pursuant to Rule 213(b) to Separate the Claims against Mary 3.6. Eidelman, Esq. from the Claim Against Richard Huntington Pepper, Esq. and the Counterclaim filed by Co Defendant Richard Huntington Pepper, Esq. which the trial court treated as a motion to end plaintiff’s claim against defendant Eidelman may not be final and appealable because it is not clear whether the trial court severed the Eidelman claim under Pa.R.C.P. 213 (b) or merely entered a final order as to the Eidelman claim.

Pediatric Care Group, P.C. v. Maria Mahoney, M.D., et al.; 2225 FDA 2012; The Honorable Bernard A. Moore, in correspondence to this Court dated December 20, 2012, has indicated that the underlying matter has been settled and that this appeal may therefore be moot. Accordingly, appellant is directed to show cause as to the basis of this Court’s jurisdiction over this matter. This statement is due within 10 days of the date of this order. Failure to respond to this Court’s directives may result in the quashal/dismissal of this appeal without further notice.

Com. v. Williams; 2194 FDA 2012; The within appeal is Dismissed for failure to file a brief.

Pawloski v. Cindy Rosario, et al.; 3221, 3258 EDA 2012; This appeal has been taken from the October 2, 2012 non-jury trial decision. An order entering a verdict in favor of one party is not immediately appealable and an appeal must be quashed as premature unless a final judgment has been entered on the docket.

Heacock v. Bruce Householder, et al., 3424 EDA 2012; Review of this matter indicates that judgment has not been entered on the trial court docket as required by Pa,R.A,P. 301. Pursuant to this court’s policy, appellant is directed to praecipe the trial court Prothonotary to enter judgment and file with the Prothonotary of the Superior Court within ten days a certified copy of the trial court docket reflecting the entry of judgment.

Contreras v. Domanique Prince, et al., 2301 EDA 2012; The Honorable Bradley K. Moss, in correspondence to this Court dated January 8, 2013, has indicated that appellant, plaintiff below, has failed to order the transcript of the proceedings. Accordingly, appellant is directed to respond as to whether he has complied with Pa. R.A.P. 1911(a) and, if so, provide this Court with copies of both the request for transcript and proof of payment. This statement shall be due within seven days of the date of this order. Failure to comply with this Court’s order will result in the dismissal of this appeal without further notice.

In the Interest of: J.G., a Minor Appeal of: J.G., Mother; 2574 & 2580 FDA 2012; The within appeal is Dismissed for failure to file a brief.

Lora v. NHS Inc., et al.; 1134 EDA 2012; The within appeal is Dismissed for failure to file a brief.

Com. v. Segura; 76 EDA 2012; The Commonwealth’s Application to Participate in Oral Argument is hereby Granted.

Com. v. Staves; 877 EDA 2012; The Appellant’s petition for an extension of time to file a brief is Granted until February 13, 2013.

Com. v. McQueen; 3357 EDA 2011; The Appellant’s petition for an extension of time to file briefs is Granted until March 18, 2013.

Com. v. Rodriguez; 987 EDA 2012; The Commonwealth’s petition for an extension of time to file briefs is Granted until March 18, 2013.

Missett v. Hub International Pa., LLC; 1927 EDA 2012; The Appellant’s petition for extension of time to file Reply Briefs is Granted until February 1, 2013. This extension of time shall not delay the listing of this appeal for Oral Argument.

Com. v. Smith; 7, 8 EDA 2012; The Commonwealth’s petition for an extension of time to file briefs is Granted until March 18, 2013. No further extensions will be granted.

Com. v. Alston; 1843 EDA 2012; The Appellant’s Petition for an Extension of Time to file Briefs is Granted until Feb. 1,2013. No further extensions will be granted.

Com. v. LaForest; 2753 EDA 2012; The Appellant’s Petition for an Extension of Time to file Briefs is Granted until January 24, 2013.

Sherif, Et Al. v. American Land Transfer, Inc., Et Al.; 2479 EDA 2012; The Appellee’s Petition for an Extension of Time to File Briefs is Granted until February 7, 2013.

Com. v. Aye; 3299 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Denied as moot. No briefing schedule has been established in this appeal.

Com. v. Williams; 1219 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until February 13, 2013.

Com. v. Brown; 1239 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until February 13, 2013. No further extensions will be granted.

Com. v. Rodriguez; 1959 EDA 2012; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until March 4, 2013. No further extensions will be granted.

Com. v. Coffey; 1749 EDA 2011; The Appellee’s Petition for an Extension of Time to File Briefs is Granted until March 8, 2013. No further extensions will be granted.

Com. v. Manus: 2549 EDA 2012; The Appellee’s Petition for an Extension of Time to File Briefs is Granted until February 11, 2013.

Com. v. Perez; 569 EDA 2012; The Commonwealth’s Petition for an Extension of Time to File Briefs is Granted until March II, 2013. No further extensions will be granted.

Com. v. Reeve; 2563 EDA 2011; The Appellant’s Petition for an Extension of Time to file Briefs is Granted until February 11, 2013.

Com. v. Heller; 2473 & 2474 EDA 2012; The Appellant’s Petition for an Extension of Time to file Briefs is Granted until March 1,2013.

Mazurek v. Russell; 3159 EDA 2011; The Application of Appellee, Joanne R. Russell, for Further Costs is hereby Denied.

Com. v. Lee; 2822 EDA 2012; The "Motion to Withdraw as Counsel and for Extension of Time for New Counsel to File Docketing Statement", filed by James Frederick Brose, Esq., Attorney Brose is granted leave to withdraw as counsel for the Appellant since the trial court already granted that relief, and appointed substitute counsel, William Patrick Wismer, Esq., for the Appellant. The Appellant’s pro se "[Motion for Relief]" is denied without prejudice.

Com. v. Gago; 1942 EDA 2012; The Appellant’s Motion for an Extension of Time to file Briefs is Granted until March 11, 2013.

Com. v. Potts; 1852 EDA 2012; The Commonwealth’s Application for an Extension of Time to file a Brief is Granted until March 8, 2013. No further extensions will be granted.

In The Interest of: Z.C.B., A Minor Appeal of: C.B., Father; 2312 EDA 2012; Appellant’s motion for an extension of time within which to file his brief, is Granted. Since this matter has been designated as a "Children’s Fast Track" case, see Pa. R.A.P. 102, appellant’s brief shall be filed on or before January 22, 2013.

Marks & Sokolov, LLC v. Alexander Finance, C.D., Inc.; 293 EDA 2012; The application for reargument, It is Hereby Ordered. That en banc reargument is Granted; That the decision of this Court filed November 5, 2012, is hereby withdrawn; and That the case be listed before the next available en banc panel; and That Eugene Uritsky, Appellant, shall file an original and nineteen (19) copies of either the brief previously filed, the brief previously filed together with a supplemental brief, or a substituted brief for the appellant by February 7, 2013, along with an original and ten (10) copies of the reproduced record. Marks & Sokolov, LLC, Appellee, shall thereafter have 21 days after service to file an original and nineteen (19) copies of the brief for appellee. The appellant shall thereafter have fourteen (14) days after service to file an original and nineteen (19) copies of a reply brief in accordance with Pa. R.A.P. 2113(a) if desired. No other briefs may be filed without leave of court.

Com. v. Brown; 1903 EDA 2012; The Appellant’s Petition for an Extension of Time to file Briefs is Granted until March 14, 2013. No further extensions will be granted. The Appellant’s Motion for permission to file a reduced number of copies is Granted. The Appellant is directed to file an original and 3 copies of his appellate brief The Appellant is directed Not to provide a reproduced record.

Com. v. Galus; 793 EDA 2012; The Commonwealth’s Petition for an Extension of Time to file Briefs is Granted until March 25, 2013. No further extensions will be granted.

Com. v. Weaver; 763 EDA 2012; The application filed November 27, 2012, requesting reargument of the decision dated November 13, 2012, is Denied.

Com. v. Russell; 2290 EDA 2012; The Commonwealth’s petition for an extension of time to file briefs is Granted until March 15, 2013. No further extensions will be granted.

Howell v. Verbit; 2880 EDA 2012; The Appellant’s petition for an extension of time to file briefs is Granted until February 22, 2013.

Com. v. Simpson; 2546 EDA 2012; The Appellant’s Petition for an Extension of time to file briefs is Granted until February 13, 2013.

Com. v. Johnson; 2126 EDA 2012; The Commonwealth’s Petition for an Extension of time to file briefs is Granted until March 11, 2013. No further extensions will be granted.

Com. v. The Real State Property; 1066 EDA 2012; The Commonwealth’s Petition for an Extension of time to file briefs is Denied without prejudice to request permission to participate in oral argument from the panel.

Com. v. Marsh; 2790 EDA 2012; The Commonwealth’s petition for an extension of time to file briefs is Granted until March 25, 2013.

Com. v. Cook; 2712 EDA 2010; The Appellant’s "Petition To Permit Supplemental 1925(b) Statement To Be Filed, Nunc Pro Tunc, And For Good Cause Shown," Appellant shall be permitted to file with the trial court and serve upon the trial judge a supplemental statement of errors complained of on appeal, pursuant to Pa. R.A.P. 1925(b), within twenty-one (21) days of the date that this Order is filed, The trial judge shall prepare a supplemental opinion, pursuant to Pa. R.A.P. 1925(a), in response to the supplemental Rule 1925(b) statement, within thirty (30) days of the date the statement is received. The trial court shall include the supplemental Rule 1925(b) statement and supplemental opinion in the certified record. The Prothonotary of this Court is directed to provide copies of this Order to the trial court and the Honorable Jeffrey P. Minehart. The Prothonotary of this Court shall establish a briefing schedule for the Commonwealth upon the return of the certified record to this Court.

Com. v. Cathell; 2722 EDA 2012; The Appellant’s pro se "Motion for Transcripts" is denied without prejudice to seek that relief in his appellate brief since the record reflects that the PCRA petition underlying this appeal was denied as untimely filed. Accordingly, the only viable issue in this appeal is whether the petition was in fact untimely.

HSBC Bank USA, N.A. v. Keele; 2802 EDA 2012; Appellee, plaintiff below, has filed a motion to quash this appeal from the September 19, 2012 order denying the emergency motion of appellant, defendant below, to stay writ of execution. Appellant has not filed an answer. Accordingly, the motion to quash appeal at No. 2802 EDA 2012, is hereby Granted.

Centrix HR, LLC, et al. v. On-Site Staff Management Inc., et al.; 635 EDA 2012; Appellants’ motion for reconsideration of this Court’s order granting appellee’s motion to quash this appeal, see Centrix HR, LLC v. On-Site Staff Management, Inc., No. 635 EDA 2012 (Pa. Super. Dec. 13, 2012), is Denied.

APPEALS FILED

Com. v. Pollock; 171 EDA 2013; from order of; Bucks Cty; No. CP-09-CR-0001386-2010.

Com. v. Zachmann; 170 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0005944-2011.

Com. v. Kenner; 169 EDA 2013; from order of; Phila Cty; No. Cp-51-CR-0002905-2009; K. Baker.

Com. v. Bertolini; 168 EDA 2013; from order of; Wayne Cty; No. CP-64-CR-474-2007.

Martz v. JKS Mobile Home Park; 167 EDA 2013; from order of; Monroe Cty; No. 2011-05700; A. Jones.