OPINIONS FILED & JUDGMENT ORDERS
January 10, 2013
Com. v. Drain; 2493 EDA 2010; Affirmed; Comments: Jurisdiction relinquished.
Com. v. Davis; 2738 EDA 2011; Reversed/Vacated/Remanded; Comments: Jurisdiction relinquished.
Com. v. Carter; 3273 EDA 2011; Affirmed.
In re: A.M.M Appeal of: A.M.; 23 EDA 2012; Affirmed.
Kepler v. Kepler; 26 EDA 2012; Affirmed; Associates: 114 EDA 2012.
Com. v. Marchetti; 513 EDA 2012; Affirmed; Associates: 683 EDA 2012
Gupta v. Wadhwani; 807 EDA 2012; Affirmed; Comments: Jurisdiction relinquished.
ORDERS & DECREES
Com. v. Tricome; 145 EDM 2012; The Petitioner’s pro se "Motion for Injunctory Relief," in the nature of a request for a writ of mandamus, is denied for lack of jurisdiction.
Com. v. Birk; 3185 EDA 2012; The Appellant’s pro se "Motion to Add Issues to Docketing Statement" is granted.
Com. v. Poratalain; 3085 EDA 2012; The Appellant’s pro se "Petition to Amend Notice of Appeal" is granted. The Appellant’s notice of appeal is hereby amended to reflect that the order on appeal is dated November 9, 2012.
Com. v. Allen; 1045 EDA 2012; The Appellant’s pro se "Application for Appointment of Counsel" is denied as moot since the trial court has appointed Scott Francis Breidenbach, Esq., to represent the Appellant in this matter.
Com. v. Garner; 2555 EDA 2012; Appellant, by and through his attorney, Richard J. Blasetti, Esquire, files this Motion to Extend the Time Within Appellant’s Brief Must be Filed, as follows. Appellant has filed an appeal from the judgment of sentence entered in this case in the Court of Common Pleas of Delaware County. Appellant has received notice that his brief is due in the Superior Court by January 9. 2012. The undersigned counsel represents Appellant herein.
Com. v. Walto; 21 EDA 2012; Appellant Damien Walto, by his attorney Paul M. George, Esquire, respectfully requests an extension of time for the filing of the Brief for Appellant, and in support thereof, respectfully represents. Counsel for Appellant is in receipt of this Court’s Order directing him to file appellant’s brief by January 28, 2013. Despite the exercise of due diligence, counsel will be unable to prepare Mr. Walto’s Brief for Appellant in a thorough and professional manner by that date. In the preceding month, counsel has been representing capital defendant Robert Merritt in the federal death penalty case United States v. Kaboni Savage, 07-550-4. This matter is being tried before the Honorable R. Barclay Surrick and is projected to last three to four months.
Harris v. A.W. Chesterton, Inc., Et Al.; 3505 EDA 2008; The Appellant’s Application for Publication of Memorandum Decision, said Application is hereby Denied.
Com. v. Cherry; 1095 EDA 2011; Petitioner, Curtis Hutchinson, by Mark Cichowicz, Assistant Defender, Owen Larrabee, Assistant Defender, Deputy Chief, Appeals Division, Karl Baker, Assistant Defender, Chief, Appeals Division and Ellen T. Greenlee, Defender, respectfully represents. This Court notified counsel in the above captioned matter that appellee’s brief was due for filing on or before January 14, 2013. By this petition, counsel requests a thirty-day extension until February 13, 2013. Taking into consideration counsel’s other briefing schedules for the near future, counsel expects that an extension of one month will be necessary to complete a brief ready for efficient appellate review.
Com. v. Provenzano; 3115 EDA 2012; That being for a extension of time to life his appellate brief in the above referenced matter.
Com. v. Dougherty; 2674 EDA 2012; The Commonwealth’s petition for an extension of time to file briefs is Granted until April 15th, 2013. No further extensions will be granted.
Com. v. Walker; 91 EDA 2012; Withdraw the appeal in the above matter.
Com. v. Harris; 2804 EDA 2012; The Appellant’s petition for an extension of time to file briefs is Granted until February 6th, 2013.
Makhoul v. Makhoul; 2434 EDA 2012; The Appellee’s petition for an extension of time to file briefs is Granted until February 15th, 2013.
Com. v. Rosa; 2086 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. Cintora; 3456 EDA 2012; The Appellant’s Petition for an Extension of time to file briefs is Granted until March 7, 2013.
Hart v. Kramer, et al.; 2241 EDA 2012; The Appellant’s petition for an extension of time to file briefs is Granted until April 8, 2013. No further extensions will be granted absent the filing by appellant of a Motion to Compel Production of Documents which specifies exactly which documents have not been provided by the Prothonotary of Philadelphia County’s Office.
Davis v. Howe; 2351 EDA 2012; The motion of Appellee’s counsel for continuance of oral argument is hereby Denied.
Com. v. Harper; 1876 EDA 2012; The Commonwealth’s Petition for an Extension of time to file briefs is Granted until April 8, 2013.
Com. v. Collura; 2286 EDA 2012; The Order is hereby Vacated.
Com. v. Ingram; 3435 EDA 2012; The Appellant’s "Motion to Withdraw as Counsel or to Remand to Trial Court For Appointment Of Counsel On Appeal," filed by Brian J. McMonagle, Esq., is Granted, in light of the fact that Janis Smarro, Esq. entered her appearance on Appellant’s behalf in this appeal on January 7, 2013.
Deutsche Bank National Trust Company, etc. v. Harris, et al.; 2805 EDA 2012; Appellee’s motion for extension of time to respond to appellants’ application for reconsideration, is Granted. Appellee’s answer shall be filed on or before January 25, 2013. The Prothonotary of this court is directed to provide appellee a copy of appellants’ application.
Cohen v. Cohen; 2321 EDA 2012; The Appellant’s petition for an extension of time to file briefs is Granted until February 6, 2013.
Com. v. Bartlett; 3004 EDA 2012; The "Petition for Leave to Withdraw as Counsel," filed by Shawn Kendricks Page, Sr., Esq., is granted. The trial court is directed to determine the Appellant’s eligibility for court-appointed counsel within thirty days of the date that this Order is filed. If the Appellant is found to be eligible, then the trial court shall appoint counsel for the Appellant in connection with this appeal. The trial court shall immediately notify the Prothonotary of this Court of the appointment. If the Appellant is found to be ineligible for court-appointed counsel, then the trial court shall immediately notify the Appellant and the Prothonotary of this Court of that determination, and the Appellant shall notify this Court within twenty days of the notification of ineligibility whether he intends to retain new counsel or to represent himself on appeal. The failure of the Appellant to notify this Court of his intention to proceed with this appeal within twenty days of the trial court’s determination of ineligibility may result in the dismissal of this appeal.
In The Interest of A.E., B.E., L.E., S E., D.E., Jr. Appeal of: L.E., Mother; 825 EDA 2012; The "Motion to Withdraw and Have New Counsel Appointed," filed by Michael A. Ventrella, Esquire, the motion is hereby Granted.
Com. v. Clayborne; 3215 EDA 2011; The appellant’s motion for extension of time to file petition for rehearing/reconsideration en banc is Granted. The application shall be filed by January 22, 2013.
Com. v. Powell; 2965 EDA 2012; The Appellant’s pro se "Application to Reinstate Original Direct Appeal Rights," this appeal is hereby reinstated. The Prothonotary of this Court is directed to enter the appearance of Michael Coard, Esq., on this Court’s docket as counsel for the Appellant. The Prothonotary is further directed to provide Attorney Coard with a docketing statement and a copy of the instant pro se application. The trial court is directed to transmit the record, which was due on November 27, 2012, to this Court forthwith.
Com. v. Ritter; 975 EDA 2012; The Appellant’s Motion to Strike Appellee’s Reply Brief and to Bar Appellee from Participating in Oral Argument" and the "Motion of Appellee for Leave of Court to File Reply Brief and Participate in Oral Argument," the Commonwealth’s reply brief is hereby stricken. The Commonwealth’s motion to participate in oral argument is granted.
Com. v. Collura; 2286 EDA 2012; The Appellant’s pro se "Motion For Permission [To] File An Appendix1" the Appellant shall be permitted to fife one (1) original and three (3) copies of the appendix to his Appellant’s brief, which shall be due on or before February 4, 2013.
Com. v. Calhoun; 3056 EDA 2012; The Appellant’s pro se "Application For Appointment Of Counsel On Appeal" is Denied, in light of the PCRA court order, docketed on November 27, 2012, denying Appellant’s request for the appointment of counsel.
Bone v. American Standard, et al.; 2468 EDA 2012; The Appellee, Crane Packing Company’s petition for an extension of time to file briefs is Granted until February 8, 2013.
Estate of John Cobb Appeal of: St. Luke’s Hospital Allentown Campus; 2698 EDA 2012; Appellant’s motion to correct the original record pursuant to Pa. R.A.P. 1926, is Granted. The Clerk of the Orphans’ Court of Lehigh County is directed to enter appellant’s Pa. R.A.P. 1925(b) concise statement of errors complained of on appeal on the Orphans’ Court docket as of December 7, 2012. The Clerk is further directed to certify and transmit a copy of the corrected docket and a copy of appellant’s concise statement of errors complained of on appeal to this Court for inclusion in the previously transmitted certified record.
Com. v. Jones; 3101 EDA 2012; The Appellant’s "Petition Nuric Pro Tunc Appeal" [sic] is denied as moot since the lower court docket reflects that the notice of appeal in this matter was timely filed on October 29, 2012 from the October 26, 2012 order denying PCRA relief.
Com. v. D’Ascanio; 2721 EDA 2012; The Appellant’s pro se "Application for Preecipe" is denied. The Prothonotary is directed to provide the Appellant with another docketing statement. The Appellant’s docketing statement is due within fourteen days of the date that this Order is filed.
In Re: Reglan/Metoclopramide Litigation Appeal of: Teva Pharmaceuticals USA, Inc., Pliva Et Al.; 82 EDA 2012; The Motion by Appellants for Leave to Provide Court with Information about Change in Status of Authorities filed on December 5, 2012, is hereby Granted.
Nob Hill Condominium Association v. Nob Hill, L.P., et al.; 132 EDM 2012; The Court hereby Denies the petition for review.
Belleville v. David Cutler Group, Inc., et al.; 3364 EDA 2012; The application of appellee, Malvern Hunt Homeowners Association, defendant below, to transfer the appeal at No. 3364 EDA 2012 to Commonwealth Court, is Granted.
Sabir v. Norris, et al.; 144 EDM 2012; Petitioners, defendants below, has filed a petition for permission to appeal (review) of the December 3, 2012 order denying their application for amendment of the order of November 27, 2012 denying their motion for late joinder. Petitioners sought amendment pursuant to 42 Pa. C.S. ß 702(b), i.e., controlling question of law, substantial grounds for difference of opinion, material advancement of the ultimate termination of the matter. Petitioners have not demonstrated that the underlying order implicates a controlling question of law as to which there is a substantial ground for difference of opinion nor established that an immediate appeal may materially advance the ultimate termination of the matter.
Com. v. Williams; 2974 EDA 2012; The Appellant’s pro se "Motion To Withdraw Appeal" is Granted. Appeal withdrawn.
Petko v. Petko; 166 EDA 2013; from order of; Northampton Cty; No. C0048-CV2011-11989.
Ashlyn v. Williams; 165 EDA 2013; from order of; Phila Cty; No. 372AP of 2010.
Rogers v. Rogers; 164 EDA 2013; from order of; Montgomery Cty; No. 2001-14903.
Com. v. Reese; 163 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0015439-2008; E. Cherniack.
Com. v. Feliciano; 162 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0901851-1996.
Com. v. Guru; 160 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0000107-2010; J. Wolfe.
Com. v. Jackson; 158 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0001601-2012; K. Baker.
Estate of Celine M. Loher; 141 EDA 2013; from order of; Chester Cty; No. 1593-1340; W. Flamm.
Com. v. Torres; 157 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0013710-2010; B. Rose.
Com. v. Robinson; 156 EDA 2013; from order of; Phila Cty; No. CP-51-CR-0013009-2007; L. Mandell.