SupERIOR Court
ORDERS & DECREES
PER CURIAM
Shively v. Briggs; 3193 EDA 2011; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517. The appellant is directed to file the docketing statement with the Prothonotary of this court by January 19, 2012. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.
In The Interest of: H.J.S. and C.M.M.S. Appeal of: C.F., Mother; 2143 EDA 2011; The motion of the Philadelphia Department of Human Services for an extension of time within which to file its brief, is Granted. Since this matter has been designated as a "Children’s Fast Track" case, see Pa. R.A.P. 102, the brief shall be filed on or before January 23, 2012.
Com. v. Brown; 888 EDA 2011; Appeal is Dismissed for failure to file a brief.
Com. v. Perry; 228 EDA 2005; The Appellant’s Petition for an Extension of Time to File Briefs is Granted until March 20, 2012.
Com. v. Retzler; 3083 EDA 2011; The Motion for Extension, the docketing statement may be filed by January 30, 2012.
Robinson v. Burda; 3203 EDA 2011; Appeal you have taken from the October 31, 2011, order denying appellant’s motion to reopen and for expedited hearing appears to be improper as orders denying reconsideration are generally not subject to review on appeal. Accordingly, you are directed to show cause within ten (10) days of the date of this order as to why this appeal should not be dismissed. Failure to respond to this directive may result in dismissal of this appeal without further notice.
Gray v. Revell; 2913 EDA 2011; The motion to dismiss this appeal, is Denied as moot in light of this Court’s sua sponte order dismissing this appeal due to appellant’s failure to comply with this Court’s December 19, 2011 order directing him to file a docketing statement.
In Re: William Jackson Appeal of William Jackson; 1666 EDA 2011; The Appellant’s "Motion For Appointment of Counsel" is Denied.
Com. v. Franklin; 3210 EDA 2010; The Appellant’s pro se "Motion for Notes of Testimony for Appeal" is denied without prejudice to seek that relief in his appellate brief since the PCRA court docket entries reflect that the PCRA petition underlying this appeal was untimely filed. Accordingly, the only viable issue in this appeal is whether the petition was in fact untimely. The Appellant’s brief is due within thirty days of the date that this Order is filed.
Williams v. Pa. Parking Authority; 3250 EDA 2011; Appeal may possibly be within the appellate jurisdiction of the Commonwealth Court. Accordingly, you are directed to show cause within ten (10) days of the date of this order as to why this appeal should not be transferred to Commonwealth Court. Failure to respond to this directive may result in transfer of this appeal without further notice.
Al1en v. Falette, et al.; 3206 EDA 2011; Appellee, plaintiff below, has filed a motion to quash this appeal. Appellant, defendant below, has not filed an answer. Post-trial motions are presently outstanding and a valid judgment has not been entered on the trial court docket pursuant to Pa. R.A.P. 301. Accordingly, the motion to quash the appeal at No. 3206 EDA 2011 is hereby Granted.
Rivers v. Guerrera1 et al.; 2214 EDA 2011; Appellants’ motion for reinstatement of this appeal, is Granted and this appeal is reinstated. Appellants’ designation of contents of reproduced record see Pa. R.A.P. 2154(a), shall be filed within 14 days of the date of this order. Appellants’ brief and reproduced record shall be filed within 30 days of the filing of their designation.
Com. v. Holley; 2964 EDA 2011; The Appellant’s pro se "Motion To Proceeding [sic] In Forma Pauperis And For Reduced Copies" is Granted. Appellant is permitted to proceed in forma pauperis, and the Appellant shall be permitted to file one (1) original and three (3) copies of his Appellant’s brief. The Appellant shall also serve the Commonwealth with one (1) copy of his brief. The Appellant’s pro se "Motion For An Extension Of Time To File A [sic] Appellate Brief To The Philadelphia Superior Court" is Granted. The Appellant’s brief shall be due on or before February 28, 2012.
Com. v. Cooper; 164 EDA 2011; The Petitioner’s pro se "Motion To Process Notice of Appeal," which addressed to the Court Of Common Pleas, is Denied.
Nevyas, M.D. , et al. v. Morgan, et al.; 1572, 1573, 1605
EDA 2011; The motion of Dominic J. Morgan for consolidation, is Denied as moot since these appeals have previously been consolidated by this Court.
Mickman v. Mickman; 2022 EDA 2011; The application of Richard D. Mickman to withdraw the appeal at No. 2022 EDA 2011, is Granted.
Gabler v. Hatboro Road Associates. LLC, et al.; 1103 EDA 2011; The Court hereby Grants the motion to quash.
Chase Manhattan Bank USA v. Bessie M. Pierce, Etc And Cleveland Pierce Appeal of: JLH Real Estate, LLC; 1613 EDA 2011; The Court hereby Grants the motion to quash.
Evans v. Behrmann; Appeals involve related parties and issues. Accordingly, the appeals at Nos. 2358 and 3137 EDA 2011 are hereby Consolidated.
Reed v. Honeywell International, Inc. et al.; 3022 EDA 2010; Appellant/Cross-Appellee, Honeywell International Inc., formerly known as Allied Signal, Inc., Motion for Publication of Memorandum Decision is hereby Denied.
Com. v. Thach; 2811 EDA 2010; The Appellant’s "Application To Consolidate Appeals" is Granted.
O’Connor v. O’Connor, P.C., et al.; 2811 EDA 2011; Appellees are directed to notify this Court within ten days of the date of this order whether they intend to retain new counsel or represent themselves on appeal.
Com. v. Johnson; 2371 EDA 2011; The Appellant’s pro se "Amended Motion To Modify And/Or Supplement the Record Pursuant To Pa. R.A.P. 1926" is Denied.
In The Interest of: T.F., Jr. Appeal of: T.F., Father; 1781 EDA 2011; The motion of the Philadelphia Department of Human Services for an extension of time within which to file its brief, is Granted. Since this matter has been designated as a "Children’s Fast Track" case, see Pa. R.A.P. 102, the brief shall be filed on or before January 20, 2012.
Com. v. Person; 3372 EDA 2009; Appellant’s Motion to Publish Memorandum Decision filed in the above-captioned matter, it is hereby Ordered that said Motion is Granted. The Memorandum filed November 21, 2011, will be withdrawn and refiled as an Opinion in accordance with Superior Court Operating Procedure 65.37(B).
Brocco v. Manor Care, Inc., et al.; 2201 EDA 2011; Appellants’ application for an extension of time within which to file their brief and reproduced record, is Granted. Appellants’ brief and reproduced record shall be filed on or before February 16, 2012.
Jennings v. Scully; 2730 EDA 2011; Appellant’s motion to supplement the record is Denied without prejudice to seek the requested relief in the trial court.
Kehrbaum v. Kehrbaum; 3010 EDA 2011; Appeal has been taken from the October 31, 2011 order denying appellant’s petition for counseling pursuant to ß 3302 of the Divorce Code. Accordingly, appeal at No. 3010 EDA 2011 is hereby Quashed.
Osborne v. Lewis, et al.; 2075 EDA 2011; Appellants’ motion for an extension of time within which to file their reply brief, is Granted. Appellants’ reply brief shall be filed on or before January 5, 2012.
Com. v. Nalls; 2685 EDA 2011; The Appellant’s pro se "Application To File Reduced Number Copies Of Briefs" is Granted. The Appellant shall be permitted to file one (1) original and two (2) copies of his Appellant’s brief. The Appellant shall also serve the Commonwealth with one (1) copy of his brief.
Com. v. Perez; 1905 EDA 2011; Appeal is hereby dismissed as duplicative of the appeal docketed at No. 2014 EDA 2011.
Fishers Crossing Realty, LP v. Williams; 2895 EDA 2011; Appeal has been taken from the order entered October 24, 2011 granting in part and denying in part the plaintiff’s motion for summary judgment. An appeal will lie only from final order unless otherwise permitted by statute or rule. As the October 24th order is not final and appealable, this appeal is hereby Quashed.
Polett v. Public Communications, Inc, et al.; 1865 EDA 2011; Appellants’ application for an extension of time within which to file their reply brief, is Granted. Appellants’ reply brief shall be filed on or before January 12, 2012.
Com. v. Vonschlichten; 2275 EDA 2011; Appellant’s response, the issue raised by this Court’s Order will be referred to the panel assigned to decide the merits of this appeal and the issue will be considered by that panel.
Com. v. Gater; 1895 EDA 2011; The Appellant’s unopposed "Motion For Remand of Appellant’s Case To Lower Court," the trial court’s September 26, 2011 letter to the Prothonotary of this Court and the trial court’s November 15, 2011 opinion, requesting that this matter be remanded to the trial court for re-sentencing, the judgment of sentence is hereby Vacated, and the case is Remanded to the trial court for re-sentencing.
Com. v. White; 2090 EDA 2011; The Commonwealth’s petition for extension of time to file briefs is Granted until February 17, 2012. No further extensions will be granted absent good cause. Counsel’s busy schedule will not be considered good cause.
Susquehanna Bank v. Cosmos Investments, LLC, et al.; 2321 EDA 2011; Appeals involve related parties and issues. Accordingly, the appeals at Nos. 2321 and 2322 EDA 2011, are hereby Consolidated. Appellant’s unopposed motions to stay these appeals beyond the duration of the forbearance agreement, until January 30, 2012, is Granted.
Com. v. Johnson; 3171 EDA 2011; The appellant has failed to file timely the docketing statement required by Pa. R.A.P. 3517. The appellant is directed to file the docketing statement with the Prothonotary of this court by January 19, 2012. Failure to file the docketing statement by that date will lead to an order dismissing the appeal.
Stonebridge Life Insurance Company v. Brewington, et al.; 3241 EDA 2011; The petitions to quash this appeal and for attorney’s fees and costs, are Denied as moot in light of the praecipe for discontinuance of this appeal filed by appellant on December 30, 2011.
Com. v. Bradley; 1041 EDA 2011; The Appellant’s "Petition for Remand," the Appellant may file and serve an amended statement pursuant to Pa. R.A.P. 1925(b) in the court below within twenty-one days of the date that this Order is filed. The trial court shall comply with Pa. R.A.P. 1925(a) and transmit the record, which was due on June 14, 2011, to this Court within sixty days of the date that this Order is filed.
Woodcock Washburn, LLP v. Pennmont Benefit Services, Inc.; 1202 EDA 2011; Appellants’ application for a continuance of oral argument scheduled for January 10, 2012, filed in the above-captioned appeal, said motion is hereby Granted.
Wilson v. Travelers Ins, Co., et al.; 2902 EDA 2011; Appellant’s application for an extension of time within which to file a response to this Court’s rule to show cause order of December 21, 2011, is Granted. Appellants’ response shall be filed on or before January 10, 2012. No further extensions will be granted.
Com. v. Bray; 1542 EDA 2011; The Appellant’s "Motion To Vacate Briefing Schedule And To Withdraw Appearance Of Counsel" is Granted. The appearance of Barbara Ann McDermott, Esq. is hereby Withdrawn, and the PCRA court is directed to appoint substitute counsel to represent Appellant in this appeal. The PCRA court shall notify the Prothonotary of this Court of the appointment within fourteen (14) days of the date that this Order is filed. The existing briefing schedule is Vacated, to be re-established by the Prothonotary of this Court upon the entry of substitute counsel’s appearance in this Court.
Com. v. Kim; 2844 EDA 2011; The Court having received the defendant’s docketing statement on December 23, 2011, the order dated December 20 is rescinded and the appeal is reinstated.
Com. v. Brown; 2594 EDA 2011; The Appellant’s petition for an extension of time to file briefs is Granted until February 8, 2012. Appellant’s motion for permission to file a reduced number of copies of his brief is also Granted. The appellant is directed to file an original and four copies of his appellate brief. The appellant is directed not to provide a reproduced record.
Com. v. Washington; 2084 EDA 2011; The Appellant’s petition for an extension of time to file briefs is Granted until March 5, 2012.
Com. v. Bland; 1174 EDA 2011; The Appellee’s petition for an extension of time to file briefs is Granted until March 5, 2012.
Com. v. McFadden; 3224 EDA 2011; The Appellant’s petition for an extension of time to file briefs is Granted until March 26, 2012.
Atwell v. Trethaway; 2736 EDA 2011; Appellant’s motion to reconsider this Court’s December 1, 2011 order is hereby Denied.
Com. v. Davis; 2719 EDA 2011; The Appellant’s Petition for an Extension of time to file briefs is Granted until March 12, 2012.
Com. v. Wilson; 469 EDA 2011; The Commonwealth’s Petition for an Extension of time to file briefs is Granted until March 5, 2012. No further extensions will be granted.
Com. v. Gibbs; 859 EDA 2010; The Commonwealth’s Petition for an Extension of time to file briefs is Granted until March 5, 2012. No further extensions will be granted.
Com. v. Hollimon; 2559 EDA 2010; The Commonwealth’s Petition for an Extension of time to file briefs is Granted until March 6, 2012. No further extensions will be granted.
Com. v. Johnson; 1242 EDA 2011; The Appellant’s pro se "Application for Correction of Record" is deferred for disposition to the panel assigned to decide the merits of this appeal. Upon consideration of the Appellant’s pro se "Application for [Extension of Time]," the Appellant’s brief is due within thirty days of the date that this Order is filed.
Phippen v. Sgt. Hendrix et al. 2972 EDA 2011; Appeal involves the Pennsylvania Department of Corrections, therefore, this appeal is within the jurisdiction of Commonwealth Court. Accordingly, the appeal at No. 2972 EDA 2011 is hereby Transferred to Commonwealth Court. The current briefing schedule is hereby vacated and a new briefing schedule will issue upon transfer to the Commonwealth Court.
Wachovia Mortgage, FSB v. Denton, et al.; 2722 EDA 2011; Appellee, plaintiff below, has filed a motion to quash this appeal from the order of September 20, 2011 denying the defendants’ motion to amend answer, new matter and counterclaim. An appeal will lie only from final order unless otherwise permitted by statute or rule. McCutcheon v. Philadelphia Electric Co., 788 A.2d 345 (Pa. Super. 2002). Pa. R.A.P. 341(b)(1) states: "A final order is any order that disposes of all claims and of all parties." As the September 20th order is not final and appealable, the motion to quash is hereby Granted.
Com. v. Roman; 2691 EDA 2010; The Appellant’s "Defendant’s Motion To Supplement 1925 (B)," the PCRA court is directed to prepare its supplemental Pa. R.A.P. 1925(a) opinion, in response to the Appellant’s pro se Pa. R.A.P. 1925(b) as well as the pro se "Petitioner’s Supplemental Statement Of Matters Complained Of On Appeal" (attached to Appellant’s instant petition), within sixty (60) days of the date that this Order is filed. The PCRA court shall ensure that the Appellant’s pro se Rule 1925(b) statement, the Appellant’s pro se "Petitioner’s Supplemental Statement Of Matters Complained Of On Appeal," and the supplemental Rule 1925(a) opinion are reflected on the PCRA court docket and included in the certified record. The Prothonotary of this Court is directed to provide copies of the Appellant’s pro se motion and this Order to the PCRA court and the Honorable Sheila A. Woods-Skipper. The Prothonotary of this Court shall establish a briefing schedule for Appellant upon the return of the certified record to this Court.
Elwyn v. J.J. DeLuca Company Inc.; 2222 EDA 2011; Appellant’s brief and reproduced record are hereby Stricken and appellant is directed to file a brief and reproduced record in compliance with all rules of appellate procedure concerning the preparation and filing of briefs and reproduced records, and containing neither items nor references to items that are not included in the certified record in this appeal. Appellant’s revised brief and reproduced record shall be filed within seven (7) days of the date of this order. Upon appellant’s compliance with this Court’s directives, the motion to quash or dismiss shall be denied. However, failure to comply with these directives will result in the immediate grant of appellee’s motion to dismiss this appeal. Appellees’ brief shall be filed within 30 days of the date of filing of appellant’s revised brief and reproduced record.
Com. v. Matthews; 161 EDM 2011; The Petitioner’s pro se "Notice of Appeal Nunc Pro Tunc," docketed in this Court as a petition for review, in which he complains that the trial court refuses to accept his July 2011 notice of appeal is denied for lack of jurisdiction.
Fennick, et al. v. Wal-Mart Stores, Inc., et al. Petition of: General Foam Plastic Corp. & Wal-Mart Stores, Inc.; 152 EDA 2011; The motion to dismiss the petition for review is Denied as moot.
SupERIOR Court
APPEALS FILED
In Re. Estate of Rose Weiss Amended Notice of Appeal; 3323 EDA 2011; from order of; Phila Cty; No. 1463 DE 2009; M. Weiss.
McGrath v. Tribune Corporation; 3322 EDA 2011; from order of; Lehigh Cty; No. 2011-C-1763.
Bullock v. Hart ford Ins. Co. of Midwest et al.; 3321 EDA 2011; from order of; Phila Cty; No. 01978.
Otte v. In Re: P.R.O., a minor; 3320 EDA 2011; from order of; Phila Cty; No. CP-51-AP-000135-2011; C. Otte.
Bernadin v. DoBuisson; 3319 EDA 2011; from order of; Phila Cty; No. 07-00387.
501 Management Group v. Khayat; 3318 EDA 2011; from order of; Phila Cty; No. 3643; E. Gabay.
D’Ancona-Maher v. Gerhart; 3317 EDA 2011; from order of; Carbon Cty; No. 035001882; J. Maher.
Jones v. Randall; 3316 EDA 2011; from order of; Phila Cty; No. 000900541.
McFadden v. McFadden ; 3315 EDA 2011; from order of; Phila Cty; No. 1129.
Gostynski v. Melasecca; 3314 EDA 2011; from order of; Delaware Cty; No. 08-05661; F. Urso.
Cotturo v. Angle; 3313 EDA 2011; from order of; Northampton Cty; CV-2006-5851; F. Taney.
Petro v. Hazelett; 3312 EDA 2011; from order of; Bucks Cty; No. 2006-10630; K. Blake.
In Re: C. F. Appeal of: C. F.; 3311 EDA 2011; from order of; Phila Cty; No. CP-51-JV-0004002-2007; K. Barker.
Com. v. Moisseev; 3310 EDA 2011; from order of ; Phila Cty; No. MC-51-CR-1223561-2000; H. Burns.
Com v. Guerra; 3309 EDA 2011; from order of; Montgomery Cty; No. CP-46-CR-0001429-2011; M. Veen.
Com. v. Whittington; 3308 EDA 2011; from order of; Chester Cty; No. CR-296-2011; J. Merrick.
Com. v. Maxwell; 3307 EDA 2011; from order of; Montgomery Cty; No. CP-46-CR-0009068-2009; T. Wile.
Com. v. Keagle; 3306 EDA 2011; from order of; Delaware Cty; No. CP-23-CR-0000068-2011; M. Malicy.
Duration Capital Management Advisors, Inc. v. J.P. Morgan Securities, Inc., et al.,; 3305 EDA 2011; from order of; Phila Cty; No. 090400531.
Duration Capital Management Advisors, Inc. v. J.P. Morgan Securities, Inc., et al.,; 3304 EDA 2011; from order of; Phila Cty; No. 090400531
Com. v. Smith; 3303 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0011874-2009; H. Burns.
Com. v. White; 3302 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0003597-2011; S. Johnson.
Com. v. UVA; 3301 EDA 2011; from order of; Bucks Cty; No. 7952/2010; C. Dunleavy.
In The Interest of a minor J.T.A; 3300 EDA 2011; from order of; Monroe Cty; No. 169 JV 2011; A. Jones.
Com. v. Figueroa; 3299 EDA 2011; from order of; Phila Cty; No. MC-51-CR-0025397-2011; H. Burns.
Com. v. Jones; 3298 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0908121-2002; S. Dunton-Gallagher.
Com. v. Cappella; 3297 EDA 2011; from order of; Phila Cty; No. CP-51-CR-0010950-2008; K. Barker.
Stoner v. Penn Kleen, Inc., et al.; 3296 EDA 2011;from order of; Phila Cty; No. 1487; D. Hessel.
City of Philadelphia v. Denis F. Casey, INC.; 3295 EDA 2011; from order of; Phila Cty; No. 00543; M. Wolf.
Cooper v. Michael I. Greenberg M.D., et al; 3294 EDA 2011; from order of; Phila Cty; No. 1 10701890; G. Chada.
Petro et al., v. Hazelett; 3293 EDA 2011; from order of; Bucks Cty; No. 06-10630-25-2; S. Wolfe.
Del Monte Fresh Produce N.A., Inc. v. The Gateside Group, LP; 3292 EDA 2011; from order of; Delaware Cty; No. 09-15486; J. Nilon.
Estate of: John G. Strommer, Principal Appeal of: Sara Franco; 3291 EDA 2011; from order of; Chester Cty; No. 1509-1373; M. Rassman.
In Re: Involuntary Termination of Parental Rights to Daysha Nicole Velez Perez, a Minor; 3290 EDA 2011; from order of; Lehigh Cty; No. A2010-0033; D. Reichley.
In Re: Involuntary Termination of Parental Rights to Brendalee Iriana Velez a/k/a Brendalee Perez-Velez; 3289 EDA 2011; from order of; Lehigh Cty; No. A2010-0017; D. Reichley.
In Re: Involuntary Termination of Parental Rights to Beyonce Marie Velez, a Minor; 3288 EDA 2011; from order of; Lehigh Cty; No. A2010-0016; D. Reichley.
In Re: Involuntary Termination of Parental Rights to Elvis Bobby Velez, a Minor; 3287 EDA 2011; from order of; Lehigh Cty; No. A2010-0015; D. Reichley.
CCI Communications, Inc. v. The Richard F. Sassa Insurance Agency, Inc.; 3253 EDA 2011; from order of; Phila Cty; No. 100202070; H. Begier.
APPEALS DISCONTINUED
Com. v. Mines; 2678 EDA 2011; from order of; Phila Cty.